CLAW1001 Lecture Notes - Lecture 5: Nonprofit Organization, Westpac, Rescission
Document Summary
Examine circumstances in which agreement was reached and the express terms. Worth of contract, the level of formality intention to create legal relations cases: ashton vs pratt (2015) incomplete agreement and uncertain terms. Social agreement: balfour vs balfour (1919) No legal intention: wakeling vs ripley (1951) to be valid intention (family); contract worth a great deal of money and has significant impact, non-profit organisation. Can be both social and business agreements: jones vs vernon pools ltd (1938) Written agreement with a honours clause" bound by honour only, not courts. Clear statement that no intention to create legal relations. Require consideration to be enforceable: formal contracts (deeds/contracts under seal) Specific form signed, sealed and delivered: must be sufficient, not illusory, white vs bluett (1853) Son had given to his father a promise to stop complaining as consideration for the father"s forgiveness of a debt.
