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Question | Answer |
Balfour v Balfour [1919] | In domestic or social agreements (non-commercial agreements), the law will raise a presumption that the parties do not intend to create legal relations. |
Merritt v Merritt [1970] | (Contrast with Balfour v Balfour) An agreement between separated spouses can be presumed to have been formed with an intention to create legal relations. |
Jones v Padavatton [1969] | In domestic or social agreements (non-commercial agreements), evidence must be provided to rebut the presumption of no intention to create legal relations. Factors such as certainty of terms, reliance and seriousness are relevant. |
Edmonds v Lawson [2000] | An agreement for education could be considered as creating legal relations between parties (there is nonetheless uncertainty as to how to classify certain agreements). |
Evans v Merzario [1976] | An oral assurance or promise may in the circumstances demonstrate an intention to create legal relations. |
Kleinwort Benson v Malaysia Mining Corpn [1989] | If the construction of a statement is such to suggest the statement is promissory in nature, and relates to the future conduct of parties, it will have contractual force. |
Shanklin Pier v Detel [1951] | The existence of a collateral contract may demonstrate an intention to create legal relations. |
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