Formation (OCR A-Level Law): Flashcards
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ITCLR definition
ITCLR definition
Intention parties want agreement legally binding & enforceable
Effect if ITCLR absent
Effect if ITCLR absent
No enforceable contract, even with offer, acceptance, consideration
Domestic/social agreements presumption
Domestic/social agreements presumption
NO intention to create legal relations
Commercial/business agreements presumption
Commercial/business agreements presumption
YES intention to create legal relations
Balfour v Balfour (1919) principle
Balfour v Balfour (1919) principle
Married couples living together: presumption against ITCLR
Merritt v Merritt (1970) principle
Merritt v Merritt (1970) principle
Separated couples: presumption of ITCLR due to changed circumstances
Jones v Vernons Pools (1938) principle
Jones v Vernons Pools (1938) principle
'Binding in honour only' clause rebuts commercial presumption
Blue v Ashley (2017) principle
Blue v Ashley (2017) principle
Intoxicated pub 'banter' lacks ITCLR despite business context
Edwards v Skyways (1964) principle
Edwards v Skyways (1964) principle
Business 'ex gratia' payments presumed legally binding
Wells v Devani (2019) principle
Wells v Devani (2019) principle
Vague terms may show ITCLR if parties acted upon them