Intention to Create Legal Relations (AQA A-Level Law): Flashcards

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Intention to Create Legal Relations
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ITCLR in contract law

Both parties must intend legally binding agreement

Social/domestic agreement presumption

No intention to create legal relations

Commercial agreement presumption

Parties intend to create legal relations

Balfour v Balfour principle

Ongoing marriage agreements presumed non-binding

Merritt v Merritt principle

Separated spouses' agreements presumed binding

Jones v Vernons Pools outcome

'Binding in honour only' excluded legal relations

'Ex gratia' meaning (Edwards v Skyways)

No pre-existing liability, not excluding new obligation

Wells v Devani principle

Performance/conduct can show ITCLR despite vague terms

Rebuttable presumption definition

Legal assumption applying unless evidence proves otherwise

Wilson v Burnett ruling

Social chat between friends doesn't create legal obligation

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