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Thursday, 8 June 2017

Intention to Create Legal Relations

Legal presumptions
•          Commercial contracts:
–        Presumed intention to create legal relationship
•          Domestic, social and family agreements:
–        Strong presumption parties did not intend to create legal relationship
Two broad areas:
–        Family arrangements
–        Other social arrangements

Family arrangements
•          Balfour v Balfour [1919]
Action failed as no consideration and no intention
to create legally binding agreement
Rebutting the presumption:
•          Merritt v Merritt [1970] – marital breakdown legal relationship
Parents & children:
•          Jones v Padvatton [1969] – allowance from mother to daughter, no legal relationship

Other social arrangements
Mutuality:
•          Simpkins v Pays [1955] – competition entries no formal arrangement, mutuality created agreement
Compared with:
•          Wilson v Burnett [2007] – agreement to share bingo prizes – no agreement

Commercial agreements

Presumption:  intention to create legally binding relationship e.g. Carlill 

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