LAWS105 Lecture Notes - Lecture 3: Contract, Benizelos Roufos, Alimony
Document Summary
The determination of whether or not the parties actually intended to enter into legally binding relations is an objective one and context is all important. The courts will not examine the states of mind of the parties to the agreement (a subjective approach) but will ask whether or not reasonable parties to such an agreement would possess an intention to create legal relations. Intention may be implied from the subject matter of the agreement or expressed by the parties: rose & frank co v j r crompton & bro ltd: if not expressly stated by the parties- 2 presumptions: O family, social or domestic agreements are made between family members or close friends its presume no requisite intention. O commercial agreements presume present requisite intention. Application of the presumption: promises whether kept or broken are not to land them in court mother & daughter (jones v padavatton), siblings (wakeling v ripley)
