18753871
Descrição
FlashCards por allie hatch, atualizado more than 1 year ago
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Criado por allie hatch
quase 5 anos atrás
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| Questão | Responda |
| for a contract to be binding, both parties must have the intention to what? | be legally bound |
| what is the presumption for social and domestic arrangements ? | presumed that there was no intention to be legally bound |
| is this presumption irrebuttable ? | not irrebuttable but needs clear reliance, certainty of terms and evidence of the seriousness of the promise |
| what is the case for agreements between a parent and child? | Jones v Padavatton not sufficiently certain (having an intention to be legally bound) |
| what are the conflicting cases for agreements between husband and wives ? why are they conflicting ? | Balfour v Balfour - still together when agreement made so not legally enforceable Merritt v Merritt - split up when agreement was made so legally enforceable |
| what must the language used have ? case? | must have certainty Gould v Gould |
| what is the presumption for commercial agreements ? | - presumption that there is an intent to create legal relations |
| what are the cases for this ? (commercial agreements) | Carlill v Carbolic smokeball Esso Petroleum v commissioners |
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