BTF1010 Lecture Notes - Lecture 5: Boat Tour, Football Pools

• School: Monash Caulfield
• Department: Business Law and Taxation
• Course: BTF1010
• Professor: Dr Benjamin Hayward

Document Summary

Circumstances surrounding social and domestic agreements usually indicate that parties did not intend to create legal relations. 2 presumptions: social or domestic agreements = no intention that agreement will be legally binding. Balfour v balfour - defendant (civil engineer) employed by government of sri lanka returned to england, however his wife was unable to due to ill health. He had promised her 30 pounds a month as maintenance during the time they were forced to live apart. When divorce was pending, she claimed she was entitled to the 30 pounds. Her action failed as court held that the agreement was an ordinary domestic arrangement which was not intended to give rise to a legally binding contract. Merritt v merritt couple had separated = legally binding. Todd v nicol having other party move into her home, however after having a dispute, wanted them out.