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Intention To Be Legally Bound Notes

Law Notes > Contract Notes

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

PAGE

41

Buy the full version of these notes or essay plans and more in our Contract Notes.