Scribd Logo
Upload

Welcome to Scribd!

  • Intention To Create Legal Relations

    Uploaded by

    Abdul Rahman ZAHOOR
    29 views6 pages
    The document discusses the legal principle of intention to create legal relations in contracts. It begins by stating that for a contract to be valid, there must be a common intention between the parties to enter into legal obligations, whether expressed explicitly or implied. For commercial contracts, there is a presumption that legal relations were intended, but this can be rebutted in certain cases. For domestic contracts between family members, the presumption is that legal relations were not intended, though there are exceptions. Determining the parties' intention is an objective analysis based on the surrounding context and circumstances of the agreement.

    Original Description:

    notes for uol students

    Original Title

    Intention to create legal relations

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document discusses the legal principle of intention to create legal relations in contracts. It begins by stating that for a contract to be valid, there must be a common intention between the parties to enter into legal obligations, whether expressed explicitly or implied. For commercial contracts, there is a presumption that legal relations were intended, but this can be rebutted in certain cases. For domestic contracts between family members, the presumption is that legal relations were not intended, though there are exceptions. Determining the parties' intention is an objective analysis based on the surrounding context and circumstances of the agreement.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    29 views6 pages

    Intention To Create Legal Relations

    Uploaded by

    Abdul Rahman ZAHOOR
    The document discusses the legal principle of intention to create legal relations in contracts. It begins by stating that for a contract to be valid, there must be a common intention between the parties to enter into legal obligations, whether expressed explicitly or implied. For commercial contracts, there is a presumption that legal relations were intended, but this can be rebutted in certain cases. For domestic contracts between family members, the presumption is that legal relations were not intended, though there are exceptions. Determining the parties' intention is an objective analysis based on the surrounding context and circumstances of the agreement.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 6

    INTENTION

    TO CREATE
    LEGAL
    RELATIONS
    • Aims

    • By the end of this lecture, students should be able to:

    Understand the presumptions Understand when and why Understand the principles
    relating to domestic and these presumptions will be relating to capacity to
    commercial contracts; rebutted; contract.
    • Intention to create legal relations

    • “… to create a contract there must be a common intention of the


    parties to enter into legal obligations, mutually communicated
    expressly or impliedly…”
    • per Atkin LJ, Rose & Frank v Crompton Bros (1925)
    • An objective test.

    • Commercial situations – presumption there is an intention to create


    legal relations
    • Domestic situations ( made between friends , family ,members ,
    husband-wife – presumption of no ICLR
    Upheld in:
    Intention to create legal
    relations
    Commercial situations - presumption
    of ICLR • Bowerman v ABTA (1996)
    In certain cases the presumption
    • Athena Brands v Superdrug
    can be rebutted . stores (2009)
    Which can be viewed in the
    following cases :
    Not upheld in:
    • Blue v Ashley (2017 )
    • Mc Innes v Gross (2017)
    • Rose & Frank v Crompton Bros
    (1925) – ‘honourable pledge’
    • Kleinwort Benson v Malaysia
    Mining (1989) – ‘comfort letter’
    • Social and domestic
    Intention to create legal
    relations situations – presumption of
    Married couples – Balfour v no ICLR- general rule –
    Balfour (1919)
    .Coward v MIB ( between friends )
    Parent and child – Jones v
    Padavatton (1969)
    Exception :
    Exceptions : .Soulsbury v Soulsbury
    .Darke v Strout
    Separating couples – Merritt
    v Merritt (1970) Pre marriage contract – Radmacher v Grantino
    Mutuality of obligations –
    Simpkins v Pays (1955)

    Previous conduct – Peck v


    Lateau (1973)
    Intention to create legal relations
    • A contextual approach
    • “… whether the parties intended to
    enter into legally binding relations is an
    issue to be determined objectively and
    not by inquiring into their respective
    states of mind. The context is all-
    important…”
    • per
    Bingham LJ, Edmonds v Lawson (2000)

    You might also like