LAW 122 Lecture Notes - Lecture 5: Objective Test, Contract, Posting Rule
24 Dec 2015
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1: meeting of the minds (offer and acceptance, exchange of value (consideration) Remember: generally, doesn"t have to be in writing: intention to create legal relations. Parties must intend to create legal relations. Would this reasonable person believe that the parties decided to enter into a contract. General rule: there is a presumption: of intent commercial dealings, against intent in social and family context. Exception to the rule: presumptions are rebuttable (disproved) Husband and wife were in a country together. She got arthritis and she stayed back in the country and he said he would pay her money every money until he returned back to the original country. The marriage soured and he stopped the payments and the wife sued. The court found that there was no contract, there is no contract within a family. The contract that they signed had a clause that said the contract is not subject to the legal jurisdiction of the court.
