LAWS11060 Lecture Notes - Lecture 8: Puffery, Fletcher Challenge, Pepsico
Document Summary
Intention requirement will be satisfied where a transaction between family members is essentially commercial in nature. Agreement between son in law and parents in law, degree of hostility between the parties, whole setting of the arrangement was commercial as each party had their own separate goals they aimed to achieve. Majority held that circumstances fell short of intention to create legal relations (note however that she compromised her case in her testimony) Helped clarify commercial/domestic relations; held that an archbishop (minister of faith) was an employee, not part of a community. Plaintiff must prove intention to create legal relations. Subject to contract there is no contract until the formal contract is signed: acceptance of a unilateral contract would usually be constituted by conduct (just doing the act requested) the intention to accept the terms must be indicated to the offeror. I. e. piece of advertising not meant to be taken.
