Law 2101 Study Guide - Quiz Guide: Incorporated Council Of Law Reporting, Pupillage, Football Pools
Document Summary
There must be an intention to create legal relations (iclr) The promise is contained in a deed (an official record of an agreement) Promise is supported by consideration (something- an act or promise)- given in exchange for the promise which is being enforced. Product of the bargain theory (enforce only bargains, not gratuitous promises) Iclr is a device used by the courts to deny enforceability to agreements the court considers should not be legally enforced. This is achieved by presumptions and there are 2 categories of presumption and each produces a different result, either domestic/social agreements or commercial agreements. Domestic/social agreements- presumption that there was no intention to create legal relations. Commercial agreements- presumption that the parties intended to create legal relations. Presumptions are evidential, so they can be rebutted (denied) depending on the evidence. Husband and wife living together in amity" when the agreement was made. Domestic/social- presumption of no intention to be legally bound, so no iclr.
