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Cheat Sheet for Business Law

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Chapter 13 Intention to create legal relations
‘Honour’ clauses: not entered into as formal agreement. expressly intention: consider term expressly and clearly state the parties intention. Implied intention: the courts have to determine objectively whether the parties intended the agreement to be legally enforceable. Society agreement: ones made b/w friends or acquaintances.. other domestic agreement: voluntary agreement, commercial or business agreement. Government contract,AD,
1. Trevey v Grubb (1982) social 中奖一人独吞A three person syndicate won in the lottery. The ticket was in the name of D, who refused to share the prize. This was a social agreement. The nature of the agreement betw. parties was that they must have agreed that it would be enforced in the event of them winning. Thus, there was a contract and P was entitled to share of the winning in proportion to her contribution.
2. Balfour v Balfour [1912] domestic 成功拒绝付生活费D left apart with his wife, and promises to pay $30 a month. But he refused to continue pay. This was a domestic arrangement ‘bcs. the parties did not intend that they should be attended by legal consequences’. At the time the agreement was made the courts did not consider that the marriage had broken down.
3. Merritt v Merritt [1970] family 离婚,但是还要给利息The D left his wife. The parties reached an agreement whereby the D was to transfer his interest in the jointly owned matrimonial home to P. P should succeed, bex. the parties are separated. The agreement is intention to create legal relations.
4. Wakeling v Ripley (1951) other domestic 赔偿反悔给妹妹房子D asked Ps to take care of him. He promised to provide them with a home and leave them all his property on his death. There was sufficient evidence to indicate that the parties did intend to enter into a binding and enforceable contract, bex. the consequences for the P were so serious.
5. Teen

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