Intention to create legal relations

• Presumption

  • Social and domestic agreements- Wilson v Burnett
  • they are presumed not be legally binding
  • Balfour v Balfour- agreements between husband and wife are not legally binding
  • Jones v Padavatton- mom stopped uni payments after promising to pay them, was not legally biding due to closeness of relationship
• Exceptions to that point

  • Merrit v Merrit- was legally binding as they were seperating and therefore not family and friends anymore
  • Parker v Clerk- details can be made legally binding
• Business/commercial agreements

  • presumed that they are intended to be legally bound
• Exceptions to that rule

  • it is not legally binding if it is clearly stated otherwise, Rose and Frank v Cromptons
  • "binding in honour only"- not legally binding, Jones v Vernons Pool
• "Mere Puffs"

  • exaggerated claims in adverts are a "mere puff" and are not intended to form the basis of a binding contract