BU231 Lecture Notes - Lecture 6: Diminished Responsibility, Covenanter, Trade Union
Document Summary
A(cid:272)t of seali(cid:374)g a do(cid:272)u(cid:373)e(cid:374)t (cid:373)ea(cid:374)t that the (cid:272)o(cid:448)e(cid:374)a(cid:374)ter adopted the do(cid:272)u(cid:373)e(cid:374)t as his/her (cid:862)a(cid:272)t a(cid:374)d deed(cid:863) Intention to create legal relations (applies when you have personal relationships) Reasonable bystander test: did the outward conduct of the parties lack a serious intention to create legal obligations, you have to intend to create a legally binding relationship. You never had a serious intention to create a legal contract that would be legally binded. Legal test; stand back as a third party and see if they lacked a serious intention of creating a legally binded contract. Not intended to be a serious relationship whereas in a business the purpose is to create a relationship with your customers. Some parties lacking the necessary legal capacity to enter contracts or holding diminished capacity: minors, mentally incompetent persons, corporations, labour unions- not persons, have diminished capacity, enemy aliens, aboriginal peoples, bankrupts. Some have reduced capacity not necessarily all.
