sometimes it is difficult to interpret what parties intended due to vagueness, this means that a court case is needed to resolve it
this is shown in Kleinwork Benson v Malasian Mining Co
Agreements falling into a 'halfway house'
some agreements may fall into a "halfway house" between domestic and business,
the courts will need to decide which presumption to apply
Sadler v Reynolds
Inconsistent decisions
the two presumptions are largely deemed as helpful in deciding intention, but the courts will always consider all the surrounding circumstances in a case, which can lead to inconsistent decisions
Argument it should not be a requirement
there is an argument that there should not be a requirement for legal intention as the other elements are not sufficient
if these elements are present and there if no clear statement that the agreement in not legally binding then the courts should enforce it
But
there is a presumption that family agreements will not have intent and business will, the law has useful ways of "rebutting" these presumptionsm
