MLL111 Lecture 4: Contract Week 4

• School: Deakin University
• Department: Business and Law
• Course: MLL111
• Professor: All

Document Summary

Its an objective approach (how the judge sees the issue , do you have intention or not) Air great lakes v ks easter [1989] 2 nswlr 309. *therefore there was no contract was present apparently. Subjective intention: refers to the actual persons state of mind , where the intention they have is opposite to the action they made. Domestic relationships : meaning you do(cid:374)"t ha(cid:448)e the presu(cid:373)ptio(cid:374) to for(cid:373) co(cid:374)tract (cid:449)ith family members (presumption is there is no intention to form contracts). Commercial setting : 2 business parties/people if those parties sign a contract in that setting the presumption is that they do have intention to form a contract. Ermogenous v greek orthodox community (2002) 209 clr 95. *shows that the presumption can easily be rebutted. *argument where the ermogenous made a claim for annual and long leave from the greek community. *parties argued that there was an intention to form a contract.