Distinguish the presumptions relating to intention to create legal relations

NotesQuiz

Intention for Legal Relations

Can be expressly created (written or verbal)

Otherwise it is generally presumed... but see below

Domestic Relations - are they presumed to be legal?

  1. Spouses living together Agreements between these ARE NOT presumed to be legal

  2. Spouses Separating Agreements between these ARE presumed to be legal

  3. Agreements between Friends Agreements between these ARE NOT presumed to be legal

    Unless there's a mutuality of Intention 

    Simpkins v Pays

  4. Commercial Agreements These ARE presumed to be legal

    Unless stated that their binding in honour only

    Jones v Vernons Pools

Who has NO Legal Capacity to create legal agreements?

These are:

  1. Minors (16 and under)

    Unless for necessities (Valid)
    Unless for inheriting interests (Voidable)

  2. Intoxicated people

  3. Those without Mental Capacity to do so

NotesQuiz