Law 5110 Study Guide - Quiz Guide: South African Contract Law, Kleinwort Hambros, Puffery
Document Summary
A rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Presumptions shift the burden of proof the case is brought by the claimant who normally has to prove his/her case instead of the defendant having to prove that he/she did not intend to be bound. Parties assumed to have the intention of being legally bound unless the agreement is subject to contract or a gentleman"s agreement. A juridical act requires the will (intention) ( ) A contract is concluded if ( ) the parties intend to be legally bound. The intention of a party to be legally bound is to be determined from the party"s statement/conduct as they were reasonably understood. Intention to be legally bound common law cases. Rose & frank co. v. jr crompton bros.
