OCR A2 Contract Law - Legal Intent - Intention to create Legal Relations (2)

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  • Created by: Majid
  • Created on: 26-02-13 13:35

ITCLR (2)

AO2:

No ITCLR exists in these cases as they are mere arrangements/family where the courts have no place to interfere ("no place for them in the cold courts" BvB). The judges applied the presumption to regulate the law and police these clauses to avoid the "floodgates" coming through which is known as a policy factor. Also at the time these arrangements were made, parties were living in "amity", where one would not sue the other for a dispute. However with very clear evidence the presumption can be rebutted, such as the use of a written document in precise language or an arrangement following a family breakdown. 

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