LAWS105 Lecture Notes - Lecture 3: Contract, Reed Business Information, Mental Disorder
Document Summary
Stressi(cid:374)g the i(cid:373)porta(cid:374)(cid:272)e of the o(cid:271)je(cid:272)ti(cid:448)e te(cid:454)t (cid:271)ut . Air great lakes v ks easer (1989) nsw. Facts: parties entered into agreement for the sale of airline business, agl alleged agreement had been repudiated by easter, easter alleged no intention for document to be legally binding. Who must prove intention: the party asserting there is a contract p160. What were the traditional key indicators: whether family or social, was presumed no intent, whether commercial, was presumed there was intent. Ermogenous v greek orthodox community, (2002) 209 clr 95. Facts: archbishop ermogenous made a claim for annual and long service leave from the greek. Full court of supreme court of sa found no intention to create legal relations: appeal to high court. Should presumptions be used: no - distract from the main issue, that is, there must be intent and plaintiff must prove it, use of presumptions could lead to wrong result here.
