LAW410A Study Guide - Arraignment, Quid Pro Quo, Unconscionability
Document Summary
Contracts can: intention to create legal relations. Intention to create legal relations (animus contrahendi: offer and acceptance (consensus ad idem, consideration (quid pro quo) Intention is question of fact: question of law: standard of correctness, question of fact: standard of reasonableness. If they think you did, then you had that intention. Presumptions are inevitable because default position is required and there may be no way of knowing what finite facts are. Most presumptions are rebuttable by facts and parties. In commercial matters there is a presumed intention to create legal relations but this is a rebuttable presumption: general rule: p has to positively prove all elements of the claim on a balance of probabilities. Persuade judge on each and every side that the plaintiff"s side is probably right. Default rule is the defendant wins (if they cannot prove balance of probabilities). Rose and frank co v jr compton and bros ltd, 1924 uk.