BTF1010 Lecture Notes - Lecture 3: Rupert Murdoch, Moodle, Estoppel
27 Sep 2018
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Reminder: assessment 1 is coming up in week 4. The mcq test will be based on materials covered in topic 1 (australian legal system) and. So the court applies an objective test to determine if the parties intended to make a contract. Social or domestic agreements = no intention that agreement will be legally binding: commercial agreements = intention that agreement will be legally binding, these presumptions can be rebutted. Are a starting point for the cozurts. Can be rebutted if the evidence indicates to the contrary. Courts will look at all the circumstances objectively: domestic agreements (cacl 4. 20 4. 80) Presumption: social or domestic agreements = no intention to create legal relations: husbands and wives, balfour v balfour (cacl 4. 40, merritt v merritt (cacl 4. 60) ho(cid:449) (cid:449)as the p(cid:396)esu(cid:373)ptio(cid:374) (cid:396)e(cid:271)utted, other family agreements. Genuine consent: ashton v pratt (cacl 4. 80, rebutting the presumption - summary.
