BTC1110 Lecture Notes - Lecture 3: Tattslotto, Contract, Fide
3 Aug 2018
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Chapter 4: intention to create legal intentions lecture 3. Agreement in itself will not create contract, parties must intend to create legal contract. Presumptions in court evolved to determine existence of intent. Social and domestic agreements do not intend legal binding. Ermogenous v greek orthodox community of sa inc: cacl [4. 15: archbishop resigned, 20yrs employment, claimed al payments, church refused e(cid:373)ploy(cid:373)e(cid:374)t (cid:449)as (cid:374)ot (cid:858)(cid:272)o(cid:374)t(cid:396)a(cid:272)tual(cid:859, court decided -wrong to use rules in presumptions to determine whether intention exists. Intentions and social and domestic agreements: cacl [4. 20] Circumstances around such cases suggest parties did not intend to create legal relations. Agreements between a husband and wife: cacl [4. 30] Courts regard domestic arrangements as not intended for legal obligations. Balfour v balfour: cacl [4. 40: promise to pay monthly allowance, divorce proceeded, tried to claim entitlements, court: domestic arrangement common law not regulate agreements between spouses. De facto/marital relationship breaks are more enforceable.
