Economics 3366A/B Study Guide - Quiz Guide: Selfridges, Exxon, Sales Promotion
24 Sep 2020
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Presumptions: social/domestic /family agreements = court presumes the parties do not intend to create legal relations, commercial agreements = court presume the parties intend to create legal relations, presumptions can be rebutted. All i can say is that there is no such contract here. Rebutting the presumption: simpkins v pays (1955, mrs pays, her daughter and lodger (s) enter into a competition each week, entries sent in mrs pays name. They agree to share any prizes: one week they won 750 and they refused to share money with s, decision: intention to enter into legal relations - s entitled to one-third. Rebutting the presumptions merritt v merritt 1969: a husband left his wife and went to live with another woman. There was 180 left owing on the house which was jointly owned by the couple. The husband signed an agreement whereby he would pay the wife 40 per month to enable her to meet the mortgage payments.
