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Intention To Be Legally Bound Notes

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This is an extract of our Intention To Be Legally Bound document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INTENTION TO BE LEGALLY
BOUND

Intention must be DETERMINED OBJECTIVELY
o Reasonable person
SS? Merritt v Merritt * Mere agreement between parties DOES NOT necessitate a contractual
agreement
o They have to INTEND to be bound by the law
SS? Rose and Frank Co v JK Crompton and Bros Ltd

Domestic/Social Relationship
Commercial/Business Relationship * Presumption exists that the * Presumption exists that the
parties DO NOT intend to be
parties DO intend to be legally
legally bound
bound * The plaintiff must prove that * The defendant must prove that
there was intention
there was no intention *

Presumption a? shifting the burden of proof (prove your claim)
(usually the party making allegations have the onus of proof)

Domestic/Social Relationship:
* AGREEMENTS BETWEEN FAMILY AND FRIENDS ARE NOT INTENDED TO
BE LEGALLY ENFORCED
o Husband and Wife
SS? Balfour v Balfour
SS? Cohen v Cohen
o Separated Couples
o Presumption is less likely to arise because there is no love and
affection when the contract is made
SS? Riches v Hogben
SS? Merritt v Merritt
o Other Family Relationships
o The more remote the relationship, the less likely it is that the
presumption will apply
o Factors:
SS? Seriousness of conduct
SS? Expense involved
SS? Degree of hostility
SS? Subject of agreement * Jones v Pandavatton * Todd v Nicol * Wakeling v Ripley * Roufous v Brewster * Simpkins v Pays


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