CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Distinguish the presumptions relating to intention to create legal relations - Notes ^{8 / 13}

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

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