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Chapter 8
Intention to create legal relations
Answers to Questions

REVIEW QUESTIONS

Question 8.1
Explain whether intention to create legal relations must be present in every
contract.

An intention to create legal relations on the part of all parties concerned must be present
in every contract. It is one of the preconditions to the formation of a legally enforceable
contract. Intention may be express (words, writing or conduct) or implied, but if it is
absent there can be no contract.

Question 8.2
What is meant by the expression ‘express intention’?

Express intention is rare and is generally found in commercial agreements. It is where

the parties explicitly and clearly convey terms of intention in spoken words, writing or
conduct. Typically these are expressed in the negative—that is, the parties state that
they do not intend to be legally bound or something to that effect.

Question 8.3
Explain why a party may expressly declare that they don’t want to be legally
bound.

A party may expressly declare that they do not want to be legally bound where they are
not yet prepared to be immediately contractually obligated. They might wish to postpone
legal relations until formal contract negotiations have concluded or some other
precondition has occurred.

Question 8.4
What is the difference between express and implied intention?

Express intention is where the parties make direct or express reference to the question
of intention in the contract by way of a term. Generally, express intention is found only
in commercial or business agreements, and even then is expressed in a negative way.
That is, the parties don’t intend to be legally bound—for example, ‘binding in honour
only’. Implied intention, on the other hand, arises where the intention of the parties is
not expressly stated, and here the court has to try to determine from their words and/or
actions what it was that the parties intended.

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
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Question 8.5
Before the High Court decision in Ermogenous v Greek Orthodox Community of
South Australia Inc [2002] HCA 8, how did the courts approach the question of
whether the parties intended an agreement to be legally enforceable?

To assist in trying to determine what it was that the parties intended, the law has
treated agreements as falling into one of two categories:
1. commercial or business agreements, which involved a rebuttable presumption that
unless the contrary can be clearly established, it was presumed that the parties did
intend to create an enforceable contract; and
2. agreements of a social or domestic nature, where there was a rebuttable
presumption that the parties did not intend legal relations.

Traditionally, the determination of intention was then resolved by reference to rebuttable

presumptions of fact. In the case of commercial or business agreements, the law
presumed that the parties did intend their agreement to create legal relations. In the
case of non-commercial agreements, the presumption was against intention.

Question 8.6
List a series of agreements that you could enter into daily that could result in
an inference that contractual relations were intended.

Any agreement that has a commercial or business character where intention is not
expressly stated could be given as an example.

Question 8.7
List some of the factors that a court may consider in trying to determine
whether the parties intended an agreement to be legally binding.

In the case of commercial or business agreements, the courts had traditionally taken the
view that the parties did intend to create legal relations unless it could be shown
otherwise. Since the Ermogenous case, it has been suggested by the High Court that
matters that need to be considered in determining whether or not intention is present
include:
• the subject matter or topic of the agreement;
• the status of the parties;
• their relation to each other;
• whether there is consensus among them;
• the extent to which it is expressed to be finally definitive of their concurrence;
• the way it came into existence; and
• any other surrounding circumstances.

Where non-commercial agreements are concerned, post-Ermogenous consideration

needs to be given to the relevant context and relationship between the parties. For
example, the seriousness of the consequences to a plaintiff would be a significant factor.

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
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Question 8.8
Who has the onus of proof where intention is concerned? Explain why.

In cases where the presumptions are applied, the onus is on the party seeking to rebut.
Thus, in commercial or business agreements, the onus is on the defendant to show that
legal relations were not intended. In non-commercial—that is, in family or social
agreements—the onus is on the plaintiff to establish that the parties did intend legal
consequences from their agreement.

In Ermogenous, the High Court of Australia suggested that the presumptions were
‘merely useful tools to identify who should bear the onus of proof’, and suggested that in
every case the onus should be on the party asserting the existence of a legally binding
agreement.

Question 8.9
Why is it that in most agreements of a commercial nature the law assumes that
the parties intend to create legal relations? Discuss

This question invites speculation.

Possible reasons as to why with most agreements of a commercial nature the law
assumes that the parties intend to create legal relations include:
• the need for certainty in business;
• efficiency;
• serious consequences—for example, of large transactions; and
• cost.

Question 8.10
Is it possible to avoid creating legal relations in a commercial/business
agreement? Discuss.

It is possible to avoid creating legal relations in a commercial or business agreement—

that is, to rebut the presumption that legal relations are intended. This is done by
including in the agreement terms that expressly and clearly state that the parties do not
intend to be legally bound. Examples are ‘honour’ clauses (Rose & Frank Company v JR
Crompton & Bros Ltd [1925] AC 445) and ‘subject to contract’ clauses (Masters v
Cameron [1954] HCA 72).

Question 8.11
Why should it be that in some government dealings it is inappropriate to find
that the arrangement is ‘contractual’?

While governments and government departments enter into contracts on a daily basis,
there are some types of government dealings that simply do not result in the creation of
contractual relations. These usually involve some aspect of the government’s political or
administrative activities, and here the courts are more reluctant to infer an intention to
create legal relations. Where government schemes or handouts are concerned, the
better view is that there is no intention to create legal relations.

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
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Question 8.12
Why is it that in most agreements the parties don’t consider the question of
intention? Discuss.

This is a matter for personal opinion.

Possible reasons include that the parties do not realise its importance, or do not expect
the matter to end up in dispute.

Question 8.13
Should all family contracts be enforceable? Explain why.

This is a matter of personal opinion.

Some students may consider that people should be forced to keep their promises, while
others may take the view that it is inappropriate for a court to interfere in family
matters. It is unlikely that anyone would consider that all family contracts should be
enforceable.

Question 8.14
Explain what effect, if any, the High Court’s decision in Ermogenous v Greek
Orthodox Community of South Australia Inc [2002] HCA 8 has had on
determining the question of intention.

The decision in Ermogenous suggests that simply applying presumptions is no longer the
(only) appropriate test for determining intention. Now, intention is to be determined by
considering the relevant context and the relationship between the parties, and
determining what inferences can be drawn from that—that is, by judging the parties on
what they have said, written or done. However, the traditional characterisation of
arrangements between the parties as ‘commercial’ and ‘non-commercial’ is still a useful
starting point for understanding how the courts approach the issue of determination of
intention. Additionally, in many cases the results will be the same under either approach.

Question 8.15
Explain what needs to be established for a non-commercial/business
agreement to result in legal relations.

In order to establish intention in a non-commercial agreement, the plaintiff bears the

onus to produce sufficient evidence to convince a court, on the balance of probabilities,
that a contract was intended. The court will apply an objective test, based on the
reasonable person.

Relevant factors include:

• the type of relationship—for example, husband and wife, relatives, friends;
• the degree of closeness of the relationship;
• the nature of the relationship at the time of the alleged agreement—for example,
whether there was a degree of hostility in the relationship;
• the intention of both parties;

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
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• whether there is a consensus among the contracting parties;
• the extent to which it is expressed to be finally definitive of their concurrence—that
is, how clear are the terms setting out the rights and obligations of the parties;
• the subject matter or topic of the agreement;
• the way it came into existence;
• the seriousness of the conduct involved—for example, relocating interstate or
overseas, transfer of property interests, opening of an account for competition or
Lotto winnings;
• whether there is any expense, inconvenience or substantial detriment involved;
• whether litigation was contemplated if one of the parties did not perform their part of
the bargain; and
• whether the agreement was formal or informal—for example, oral and not reduced to
writing.

TUTORIAL QUESTIONS

Question 1
Most social agreements have little significance to the parties. Explain why.

In the case of most social contracts, the parties are not thinking about the legal
consequences of their actions. They are generally thinking about the social consequences
of their actions and what a good time they will have. This is hardly surprising, because if
everyone began to think about the legal consequences of their social lives, they might
decide, as society becomes more litigious—that is, there is a greater and greater
tendency for people to have recourse to the courts to settle their disputes—that it is not
worth having a social life.

In rare instances, if the consequences of the actions of the parties are likely to have
serious consequences for one or more of the parties, then the courts may be prepared to
infer that this was a situation where the presumption was rebutted and a contract was
concluded.

Question 2
Why is it that in most cases the parties to any type of agreement give little
thought to the question of intention? Discuss.

Intention is not an aspect of the agreement to which parties are likely to give much
thought. This is most likely because their focus is on the agreement—ensuring that both
parties agree to be bound to certain terms and the nature of those terms. An intention to
enter into legal relations will be implicit in such interactions. Rarely, parties will
specifically consider intention and expressly and clearly state an intention not to be
immediately bound pending contract, for instance.

Question 3
Do you think that the High Court’s decision in Ermogenous v Greek Orthodox
Community of South Australia Inc [2002] HCA 8 has made it easier to
determine the question of intention of the parties to an agreement? Discuss.

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Law/10e 5
When a dispute arises between parties to an agreement, the first questions a court has
to determine are: ‘What did the parties intend?’ and ‘Was the agreement one that was
intended to be legally enforceable?’ The answers to these questions are rarely obvious
from the agreement itself.

To assist in trying to determine what it was that the parties intended, the law has
divided agreements into commercial/business agreements, in which intention to create a
binding agreement is presumed, and non-commercial (social, domestic, voluntary)
agreements, in which intention is presumed to be lacking.

In Ermogenous, the High Court questioned the utility of using the language of
presumptions in the context of the relationship between an archbishop and his church.
The court suggested that the circumstances that might properly be taken into account
were so varied that they made it almost impossible to apply any prescriptive rules.

Although the approach suggested by the court did not involve characterisation of the
agreement or a matter of presumptions, in a large number of cases the results will be
the same. When factors such as the relationship between the parties and the subject
matter of the agreement are taken into consideration, it is more than likely that
agreements of a business or commercial character will be found to be legally binding,
whereas agreements between friends and family, which have a more social character,
will be held to be non-binding.

While the court was able to set out such ‘rules of thumb’, which arguably may make it
easier to determine the question of intention of the parties to an agreement, it also
clearly stipulated that it was largely impossible to set down any prescriptive rules to be
followed in subsequent cases, and thus this issue must be determined carefully on a
case-by-case basis.

Question 4
Richard, an impoverished university student, and his millionaire father enter
into an arrangement where Richard agrees that he will keep the front and back
yards of the family property mowed, and he will ‘do a bit’ to keep the gardens
looking tidy. In return, his father agrees to pay him a weekly allowance of
$200. His father had previously used a garden contractor to do the job and paid
him $350. They live on a one-hectare property, and the mowing alone takes
half a day a week. After four weeks, Richard’s father tells him that he can’t
afford to pay $200 a week. He says that Richard should be doing the work for
nothing, as it is the responsibility of the whole family to look after the property;
besides, he says, Richard is getting free board and lodging. Advise Richard.

The essence of a contract is that the promise or promises made and the creation of an
obligation between the parties is one that the courts will enforce. The parties must
intend for their agreement to have legal consequences. Where the intention of the
parties is not immediately obvious from their agreement, the court will use an objective
test of the reasonable person to try to determine the intention of the parties.

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The starting point for a court in this position will always be to classify the agreement as
‘social or domestic’ or ‘business or commercial’. To try to determine the intention of the
parties, the court will then look at what was agreed to by the parties, the circumstances
surrounding the agreement, what sort of words they used, the effect of the agreement
on the parties, and how they have subsequently acted.

The agreement between Richard and his father would be classified as falling into the
domestic category. Generally, in domestic agreements involving families, the
presumption is that the parties do not intend to create legal relations. However, this is
only a presumption and it may be rebutted if evidence to the contrary can be produced.

The onus will be on Richard to produce sufficient evidence to convince a court on the
balance of probabilities that a contract was intended. The court will apply an objective
test, based on the reasonable person. Relevant factors the court will consider in this
regard include:
• the type of relationship (they are father and son);
• the degree of closeness of the relationship;
• the nature of the relationship at the time of the alleged agreement;
• the intention of both parties;
• whether there is a consensus among the contracting parties;
• the extent to which it is expressed to be finally definitive of their concurrence—that
is, how clear are the terms setting out the rights and obligations of the parties;
• the subject matter or topic of the agreement;
• the way it came into existence;

• the seriousness of the conduct involved;

• whether there is any expense, inconvenience or substantial detriment involved;
• whether litigation was contemplated if one of the parties didn’t perform their part of
the bargain; and
• whether the agreement was formal or informal—for example, oral and not reduced to
writing.

In order to try to rebut the presumption, Richard should argue inconvenience and
detriment (hard work, large block, time-consuming), the savings to his father ($150 per
week) and their relative financial positions (serious consequences).

Question 5
George and Anita are friends and agree to go into a fast-food business
together. They instruct their solicitors to prepare a deed of partnership setting
out each party’s rights and obligations. Each party signs the deed. The fast-food
business is very successful, but as time passes George and Anita begin to argue
over who should run the business.

Eventually, after a year together, Anita storms out of the shop after a
particularly heated argument with George. As she is leaving, she tells George
that not only will she not be back, but that she is going to lease a shop down
the road and set up a rival business and put him out of business.

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Anita’s new business does very well, and in a short time the former partnership
business begins to suffer large losses.

Does George have an action against Anita for breach of contract? Anita claims
that she didn’t think that the agreement they signed was intended to be
binding, but rather reflected the fact that they were going into business just as
friends. She wouldn’t have signed it, she says, if she had known that wasn’t the
case.

The essence of a contract is that the promise or promises made and the creation of an
obligation between the parties are ones that the courts will enforce. The parties must
intend for their agreement to have legal consequences. Where the intention of the
parties is not immediately obvious from their agreement, the court will use an objective
test of the reasonable person to try to determine the intention of the parties.

The starting point for a court in this position will always be to classify the agreement as
‘social or domestic’ or ‘business or commercial’. To try to determine the intention of the
parties, the court will then look at what was agreed to by the parties, the circumstances
surrounding the agreement, what sort of words they used, the effect of the agreement
on the parties, and how they have subsequently acted.

The agreement between George and Anita, despite the fact that they are friends, would
probably be classified as falling into the business or commercial category, since it
reflects the commencement of a fast-food business partnership for profit. Generally, in
business or commercial agreements, there is a strong inference that the parties intend to
create legal relations. In this case, this presumption is supported by the fact that both
George and Anita each had their own solicitors prepare a deed of partnership setting out
each party’s rights and obligations, which both parties signed. However, the presumption
that George and Anita intended to be legally contracted may be rebutted if evidence to
the contrary can be produced.

The onus will be on Anita to produce sufficient evidence to convince a court on the
balance of probabilities that no legal relations were intended. The court will look to her
intention. On the stated facts, there was no express intention that the parties not be
legally bound. That is, there appears to be no clear and explicit clause stating that the
agreement is ‘subject to contract’ or similar. If such a clause were to exist, Anita might
be successful in her argument that the deed simply ‘reflected the fact they were going
into business as friends’. However, looking at her implied intention, in the absence of
such express intention not to be in legal relations, and on the facts in this case, and
particularly that both parties signed a deed of partnership drawn up by their solicitors
and then carried on business together for a year pursuant to that agreement, it is
unlikely that Anita will be able to successfully argue that a contract was not in place and
thus George will be able to sue her for breach of contract.

Question 6
Discuss whether the presumption that the court applies in relation to social or
family or domestic arrangements and commercial or business arrangements
has any value today.

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
Law/10e 8
The decision in Ermogenous v Greek Orthodox Community of South Australia Inc [2002]
HCA 8 suggests that simply applying presumptions is no longer the only appropriate test
for determining intention. However, the traditional characterisation of arrangements
between the parties as ‘commercial’ and ‘non-commercial’ and the application of the
rebuttable presumptions are still useful starting points for understanding how the courts
approach the issue of determination of intention, and, in many cases, the results may be
the same under either approach. Therefore, the traditional presumption that the court
applies in relation to social or family or domestic arrangements and commercial or
business arrangements continues to have value today.

Question 7
Peter and Mary were engaged to be married. Before the marriage, Peter agreed
to pay Mary a dress allowance of $1000 a year, in quarterly installments of
$250. Peter paid the allowance for the first three years of their marriage, and
then he stopped payment. After Mary had separated from Peter, she sued to
recover $4000 arrears of the agreed dress allowance. Do you think she is
entitled to recover the money?

The essence of a contract is that the promise or promises made and the creation of an
obligation between the parties is one that the courts will enforce. The parties must
intend for their agreement to have legal consequences. Where the intention of the
parties is not immediately obvious from their agreement, the court will use an objective
test of the reasonable person to try to determine the intention of the parties.

The starting point for a court in this position will always be to classify the agreement as
‘social or domestic’ or ‘business or commercial’. To try to determine the intention of the
parties, the court will then look at what was agreed to by the parties, the circumstances
surrounding the agreement, what sort of words they used, the effect of the agreement
on the parties, and how they have subsequently acted.

The agreement between Peter and Mary would be classified as falling into the domestic
category, as it involved an engagement and subsequent marriage between the parties,
and the essence of it was the promise of money to be contributed to the purchase of
dresses. Generally, in domestic agreements involving families, the presumption is that
the parties do not intend to create legal relations. However, this is only a presumption
and it may be rebutted if evidence to the contrary can be produced.

In this case, the onus is on Mary to establish that a legally enforceable agreement was
intended. On the facts given, she would probably find this difficult as the parties did no
more than discuss and casually agree to the payment to Mary of a regular sum for the
purchase of items of clothing, which they considered appropriate in the circumstances at
the time they were engaged to be married. As in Cohen v Cohen [1929] HCA 15, which
is a similar factual situation to this one, the court concluded that the parties had never
intended to create legal relations, and so it would seem unlikely that Mary will be able to
recover the $4000 arrears in dress allowance she feels she is entitled to (or any future
instalments of this nature for that matter).

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If, after separation, Peter had agreed to continue to pay the dress allowance as a form of
maintenance, a different result may have been reached. In such a case, there would be
a new agreement that the court would be prepared to enforce based on the post-
separation novation of the original agreement. The new agreement would fall outside
normal domestic arrangements because it was arrived at after the parties had stopped
living in amity or living together under normal circumstances. In such a case, Peter
would have to pay the dress allowance.

Question 8
Brad always had a weekly Lotto ticket. One Saturday his numbers came up and
he claimed that he had won a prize. The defendant refused to pay him, claiming
that it had never received his coupon. Brad claimed that a binding contract
existed between himself and the defendant. The defendant relied on the
following clause in the Lotto coupon:

It is a basic condition of the sending in and acceptance of this coupon

that it is intended and agreed that the conduct of Lotto and everything
done in connection therewith and all arrangements relating thereto
(whether mentioned in these rules or to be implied) and this coupon and
any agreement transaction entered into or payment made by or under it
shall not be attended by or give rise to any legal relationship, rights,
duties or consequences whatsoever or be legally enforceable or the
subject of litigation, but all such arrangements, agreements and
transactions are binding in honour only.

Do you think Brad will be successful in claiming his winnings?

This question is based on Jones v Vernon’s Pools Ltd [1938] 2 All ER 626, in which the
same clause was included on a lost lotto ticket. In that case, the court held that the
clause was effective to prevent any action being taken against Vernon’s Pools. Therefore,
Brad would not be successful in claiming his winnings.

Question 9
David was unemployed and suffered from a number of disabilities. To try to get
him back into the workforce, Sam arranged for David to paint his (Sam’s)
house. The arrangement was initially to be on a trial basis in order to determine
whether David was capable of doing the job. Under the arrangement, Sam
agreed to pay David $25 per hour as a starting rate; if David proved that he
could complete the task, they would then discuss the rate of payment again. As
David was climbing a ladder to start the painting, he fell off it and was injured.

Is there a contract of employment in existence so that David would be entitled

to claim workers’ compensation? Discuss.

The essence of a contract is that the promise or promises made and the creation of an
obligation between the parties is one that the courts will enforce. The parties must
intend for their agreement to have legal consequences. Where the intention of the

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
Law/10e 10
parties is not immediately obvious from their agreement, the court will use an objective
test of the reasonable person to try to determine the intention of the parties.

The starting point for a court in this position will always be to classify the agreement as
‘social or domestic’ or ‘business or commercial’. To try to determine the intention of the
parties, the court will then look at what was agreed to by the parties, the circumstances
surrounding the agreement, what sort of words they used, the effect of the agreement
on the parties, and how they have subsequently acted.

From the facts, it would seem that Sam and David are friends. As such, the agreement
between them would ordinarily be classified as falling into the social category. Generally,
in social agreements involving friends, the presumption is that the parties do not intend
to create legal relations. However, this is only a presumption, and it may be rebutted if
evidence to the contrary can be produced.

The onus will be on David to produce sufficient evidence to convince a court on the
balance of probabilities that a contract was intended. The court will apply an objective
test, based on the reasonable person. Relevant factors the court will consider in this
regard include:
• the type of relationship (they are friends);
• the degree of closeness of the relationship;
• the nature of the relationship at the time of the alleged agreement;
• the intention of both parties;
• whether there is a consensus among the contracting parties;
• the extent to which it is expressed to be finally definitive of their concurrence—that
is, how clear are the terms setting out the rights and obligations of the parties;
• the subject matter or topic of the agreement;
• the way it came into existence;
• the seriousness of the conduct involved;
• whether there is any expense, inconvenience or substantial detriment involved;
• whether litigation was contemplated if one of the parties didn’t perform their part of
the bargain; and
• whether the agreement was formal or informal—for example, oral and not reduced to
writing.

In order to try to rebut the presumption, David would point to the commercial nature of
the agreement—payment for services rendered—for which he had duly commenced the
relevant conduct when he suffered the fall.

Alternatively, if Sam and David are not friends, it will be easier to argue that the
agreement between them was of a ‘business or commercial nature’.

However, in either situation, Sam could argue that even if legal relations were found to
exist, they were subject to the condition precedent that David were physically able to
paint the house, as the agreement clearly stipulated that it was to commence on a ‘trial
basis’ and on a fee that was open to negotiation if David could fulfil the job. Since David
had not satisfied this condition precedent, Sam could argue that therefore there existed

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
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no legally enforceable contract at the time of David’s fall, and thus he was not entitled to
workers’ compensation as David was not an employee.

To establish that he was eligible for workers’ compensation, David must establish that he
was an employee of Sam’s at the time of the fall, which, whether friends or not, seems
like it will be difficult for him to do.

Copyright © 2018 Pearson Australia (a division of Pearson Australia Group Pty Ltd) – 9781488611803/Gibson/Business
Law/10e 12
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The Project Gutenberg eBook of The family
Robinson Crusoe
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Title: The family Robinson Crusoe

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Author: Johann David Wyss

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Language: English

Original publication: London: M.J. Godwin and Co, 1816

Credits: Lauren Prichard

*** START OF THE PROJECT GUTENBERG EBOOK THE FAMILY

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 The Family
Robinson Crusoe

Transcriber’s Note:
This eBook is a compilation of what was originally
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further divided into two volumes), herein referred to as
“Parts” for the sake of in-text references. Every attempt
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including author’s and editor’s notes in their original
placements, while combining both into a single eBook
for convenience. The title page has been slightly
altered, both books’ Table of Contents have been
moved to the front, all notes have been moved to the
back, and a Part II divider has been substituted for the
title page of the second book. Additionally, some images
have been moved.
The source texts for this eBook are the first editions of
the English translation published by M. J. Godwin and
Co. in 1816. As early as two years later, in 1818, the
publisher released a second edition with the more
familiar title, “The Swiss Family Robinson: Or,
Adventures of a Father and Mother and Four Sons in a
Desert Island: Being a Practical Illustration of the First
Principles of Mechanics, Natural Philosophy, Natural
History, and All Those Branches of Science Which Most
Immediately Apply to the Business of Life.” However,
scans of this edition were not as readily available, so I
have chosen to maintain the title of the edition that I
used.
New original cover art included with this eBook is
granted to the public domain.
Inconsistent spelling, hyphenation, and italicization in
the original document have been preserved. However,
some obvious typographical errors have been corrected;
see the Errata for a complete list of changes made.
 THE

F A M I LY
Robinson Crusoe:
OR,

J O U R N A L

OF A FATHER SHIPWRECKED, WITH HIS

WIFE AND CHILDREN, ON AN
UNINHABITED ISLAND.

TRANSLATED FROM THE GERMAN OF

M. WISS.

London:
PRINTED FOR M. J. GODWIN AND Co.,
At the Juvenile Library, 41, Skinner-Street,

AND HAILES, PICCADILLY.

1816.
 CONTENTS

PART I, VOL. I.
CHAPTER I.
A shipwreck, and preparations for deliverance 1
CHAPTER II.
A landing, and consequent occupations 20
CHAPTER III.
Voyage of discovery 47
CHAPTER IV.
Return from the voyage of discovery—A nocturnal alarm 79
CHAPTER V.
Return to the wreck 107
CHAPTER VI.
A troop of animals in cork jackets 126

PART I, VOL. II.

CHAPTER VII.
Second journey of discovery performed by the mother of
the family 1
CHAPTER VIII.
Construction of a bridge 27
CHAPTER IX.
Change of abode 47
CHAPTER X.
Construction of a ladder 74
 CHAPTER XI.
The settling in the giant tree 94
CHAPTER XII.
The Sabbath and the parable 104
CHAPTER XIII.
Conversation, a walk, and important discoveries 134
CHAPTER XIV.
Continuation of the preceding chapter, and more
discoveries 151
CHAPTER XV.
The imaginary bear—The sledge—A lesson in natural
philosophy 173
CHAPTER XVI.
A bathing, a fishing, the jumping hare, and a masquerade 186

PART II.
CHAPTER XVII.
More stores from the wreck. 1
CHAPTER XVIII.
The tortoise harnessed. 12
CHAPTER XIX.
Another trip to the wreck. 30
CHAPTER XX.
The lake-house. 42
CHAPTER XXI.
The pinnace and the cracker. 55
CHAPTER XXII.
Gymnastic exercises;—various discoveries;—singular
animals, &c. 76
CHAPTER XXIII.
Excursion into unknown countries. 116
CHAPTER XXIV.
Useful occupations and labours.—Embellishments; a 142
 painful but natural sentiment.
CHAPTER XXV.
A new excursion.—Palm-tree wine. 157
CHAPTER XXVI.
A new country discovered.—The troop of buffalos; a
precious acquisition. 176
CHAPTER XXVII.
The Malabar eagle, and sago manufactory. 196
CHAPTER XXVIII.
Origin of some European fruit-trees.—Bees. 213
CHAPTER XXIX.
Victory over the bees;—winding stair-case; training of
various animals; divers manufactures; fountain, &c. 234
CHAPTER XXX.
The wild ass; difficulty in breaking it;—the heath-fowl’s
nest. 253
CHAPTER XXXI.
Flax, and the rainy season. 272
CHAPTER XXXII.
Spring;—spinning; salt mine. 287
CHAPTER XXXIII.
House in the salt-rock;—herring fishery. 307
CHAPTER XXXIV.
New fishery;—New experiments and chase;—New
discoveries and house. 323
CHAPTER XXXV.
Completion of two farm-houses;—a lake;—the beast with a
bill. 343
CHAPTER XXXVI.
The boat;—progress in the abode of rocks. 358
 PREFACE.
The following work has for its main purpose to be of use to
children and the friends of children. For the first however, it is not all
children for which it can pretend to be adapted, but only such as are
able to mix some reflection with their reading, as already possess
certain general ideas on the subjects of natural history and
geography; in a word, such as have acquired that portion of
instruction which is given from the age of eight to fourteen years in
most of the primary schools in the large towns, and even in the
villages.
For the second, I do not by the friends of children particularly
understand that class of individuals who are engaged in
philosophical researches, theories, and experiments on the subject
of education; but such fathers, teachers, and others, who delight to
employ their attention on the youthful mind; who observe with
pleasure the actions and discourses of children; who reflect naturally
and without any preconcerted system upon their faculties,
dispositions, and characters; who find themselves prompted to
infuse useful knowledge into them through the medium of
conversation; and who will not regard with disdain a simple and well
intended essay towards their improvement, merely because it
pretends to no novelty of theorems, and is not founded upon the
basis of a long series of scientifical and metaphysical propositions.
Prefaces are not intended for the perusal of children; but the
friends of children will perhaps be gratified to find in this some
account of the origin and object of the present work. In such a detail
they will perhaps find motives for indulgence, if not for approbation,
and will proceed to the work itself with less severity of analysis and
criticism.
 It is now nearly twenty years since the writer of the following
sheets began to throw together the hints of his work in detached
parcels. The purpose he had in view was to amuse, to instruct, and
to fashion the character of four sons borne to him by an exemplary
mother: in doing this, he conceived the idea of faithfully pourtraying
these four children in correspondence with the germs of character he
already remarked in them. He made them act and speak, exactly as
they were accustomed to act and speak in the ordinary train of their
lives; with this difference only, that he often strengthened and made
more prominent whatever of excellence or of frailty he found in them,
representing them rather such as he might suppose them to become
at a period of greater maturity, than such as they were at the
moment of writing; entertaining the idea, that by this means he
should render their faults the more displeasing to them, and alarm
them the more with the consequences that might result, and that he
might render sound judgement and integrity more lovely in their
eyes. The portrait of the mother was drawn with all that earnest
esteem and affection which she inspired in her husband, and which
she well deserved. On the one side he was anxious to paint his
family just as it was, and on the other he thought that the book so
constructed could not be without utility to children of the softer sex;
as in delineating his wife he should present to them a model of the
power given to the female sex over the happiness of their families,
both as wives and mothers. Various motives prevented him from
introducing girls in his uninhabited island. The first was, that he had
himself no girls, and that introducing them would have spoiled the
integrity of his painting: several other motives may easily be
conceived.
It appeared to his apprehension, that a book not less useful than
entertaining might be formed, by transporting in fancy a single family
from the civilized world, and placing it in the midst of savage nature.
Such a family would necessarily derive great advantage from the
knowledge they had acquired of the inventions and contrivances of
European society. To give children an interest in the studies they
pursue, it is necessary to excite their curiosity, and to give them a
wish to learn. The lessons of morality and science that are
interspersed will then be read with pleasure, and devoured with
avidity. Scarcely any thing appeared better calculated for such a
purpose, than a strange and untried scene of action, and a multitude
of small incidents of a striking nature, but entirely within the reach of
their early capacities to understand.
There is no book that has been more universally read and
approved, for the opening of the infant mind, than The Adventures of
Robinson Crusoe. Every child is impressed with the conception of
this solitary and forlorn individual, existing with no aids but those of
his own industry, and carrying on, single-handed, the tremendous
battle which man, wherever he lives alone, must have to fight with
nature. Robinson Crusoe shows us human nature in its origin and in
its weakness, and proves to us what reflection and labour are
capable of effecting in the most trying and perilous situations. Here
we are feelingly taught, how inestimably the social state, whether in
its domestic or its national form, together with the arts and inventions
that accompany it, conduces to the well-being of every individual of
whom it is composed.
The persuasion of this truth determined the author to give his little
family fiction the form under which it now appears, and to entitle it
The Family Robinson Crusoe. It has however in many respects a
different object from that of the original work; purposing, as it does,
to instruct its young readers in various sciences, particularly that of
natural history, and especially the natural history of distant countries
and climates. Some things this book has in common with its model:
the shipwreck, the desert island, and the resources drawn by the
hero from the wreck of his unfortunate vessel. In other points the
present work is entirely different; for example, in painting the family
scene, in developing the different characters of the members that
compose it, and in the perpetual attention given by the father to
instruct his children in different sciences and arts, and to forward and
mature their moral and intellectual natures. His own children were
especially delighted at finding themselves brought forward as the
personages of this imaginary history, and transported to the scene of
a distant ocean.
The sheets now laid before the public were originally destined to
remain unknown beyond the circle of the family for which they were
composed; but one of the personages, who is brought forward as a
child in the course of this narrative, having felt in his own person the
deep interest and lively pleasure which the story excited, and
recollecting how many lasting advantages he had himself derived
from the use of this book, could not refrain from ultimately resolving
to render the benefit of it more general, and has voluntarily
undertaken the labour of giving to it the form in which it now appears.
The very name of Robinson Crusoe, which it bears, will awaken the
curiosity of the young reader; and it is therefore confidently hoped
that these new Adventures will be graciously received by those for
whose instruction they are destined.
It only remains for the editor to declare that he lays no claim to the
merit of any one incident in the story; he has merely taken the liberty
to make some corrections in the style, and to endeavour to dispose
and connect the scattered fragments into a regular story. His
acquaintance with natural history is unfortunately very limited, nor
has he had leisure to make such researches as would have been
requisite to verify all the facts here brought forward. He has equally
to confess his incompetence with respect to several of the arts that
are here put into action; he has therefore been obliged to refer
himself on these two points to the judgement of the author, and to
adopt his descriptions as he found them; he is at least well assured
that the writer had recourse to the best authorities, and was
extensively acquainted with those books of voyages and travels
which are in the highest esteem. Notwithstanding which, it may
however have happened, that in the twenty years which have
elapsed since this work was written, many new discoveries may
have been made, and many juster principles and conclusions have
been established. It is therefore to be desired, that such parents and
teachers as shall put this book into the hands of the children under
their care, or shall read it with them, would have the goodness to
correct its errors, and supply such omissions as they may discover.
In reality, it is very rarely, and perhaps never, proper that children
should read by themselves; few indeed are the individuals in those
tender years that are not either too indolent, too lively, or too
capricious to employ themselves usefully upon this species of
occupation.
 In the following Introduction will be found a brief detail of what may
be supposed respecting the manner in which the accompanying
narrative has been brought before the public.
 INTRODUCTION.
It is well known that a Swiss, Counsellor Horner of Zurich, sailed
some years ago round the world on board a Russian vessel, the
Podesta, commanded by Captain Kreusenstern. They discovered a
number of islands, and one among the rest of a considerable size
and great fertility, situate to the south-west of Java, near the coast of
Papua or New Guinea, hitherto unknown to navigators, and which
appeared to them worthy to be examined. They landed accordingly;
and to the great surprise of the crew, but particularly of Mr. Horner,
they found this island, which they had conceived to be uninhabited,
already in the possession of a European family, who met them on
the bank, and saluted them in German. The family consisted of a
father, a mother, and four sons of a robust and active appearance,
who willingly communicated to Mr. Horner the history of their
adventures.
The father had been a pastor or clergyman of West Switzerland,
who having lost his fortune in the Revolution of 1798, and reflecting
on the family he had to bring up, resolved to become a voluntary
exile, and to seek in other climates the means of support. He sailed
accordingly with his wife and children, four sons, from twelve to five
years of age, for England, where he accepted an appointment of
missionary to Otaheite; not that he had any desire to take up his
abode in that island, but that he had conceived the plan of passing
from thence to Port Jackson, and domiciliating himself there as a
free settler. He possessed a considerable knowledge of agriculture,
and, with the aid of his sons, he hoped to gain for himself there that
advantageous establishment, which his own country, convulsed with
the horrors of war, denied him. He turned all that yet remained to him
into money, and then vested his little property in seeds of various
sorts and a few cattle, as a farming stock. The family took their
passage accordingly, satisfied with this consolation that they should
still remain together, and sailed with favourable winds till they came
in sight of New Guinea. Here they were attacked by a most
destructive and unrelenting tempest; and it is in this crisis of their
adventures that the Swiss Pastor, or Family Robinson Crusoe,
begins the journal, which he liberally consigned to the care of Mr.
Horner, who carried it with him into Switzerland; and from the
manuscript, thus brought over from one of the remotest parts of the
earth, the following narrative has been faithfully printed.