Intention to create legal relations

Created by: sarahbeckett
Created on: 29-10-18 15:26

What are the elements of intention?

1. It is the intention to enter into a legally binding contract, not the intention to agree on a particular term. 2. Every party to the contract must have the intention. 3.Intention will be judged objectively (edmonds v Lawson [2000])

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What are the Techniques of legal presumption (default rules)

The presumed intention can be rebutted by parties expressed manifestation

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What are the legal presumptions?

Social and domestic agreements- Unless proved otherwise, it is assumed by law that the parties do not have the intentions to create legal relations. Commercial agreements- Until proved otherwise, assumed by law that parties have intention to create

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What is a case for Social and Domestic?

Balfour v Balfour [1919]

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What is a case for Commercial?

Carlill v Carbolic Smoke Ball

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What is the collective agreement?

The collective agreement regulates the terms and conditions of employees in their workplace, their duties and the duties of the employer. It is usually the result of a process of collective bargaining between an employer (or a number of employers) an

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What is a good case for the collective agreement

Ford Motor Co Ltd v Amalgamated Union of engineering and Foundry Workers [1969]

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Are letters of comfort legally binding?

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What must be looked at when deciding if there is intention?

The subject matter and the relationship between both parties

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Other cards in this set

Card 2

Front

What are the Techniques of legal presumption (default rules)

Back

The presumed intention can be rebutted by parties expressed manifestation

Card 3

Front

What are the legal presumptions?

Back

Card 4

Front

What is a case for Social and Domestic?

Back

Card 5

Front

What is a case for Commercial?

Back

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Intention to create legal relations