TABL1710 Study Guide - Final Guide: Rebuttable Presumption, Contract, Consumer Protection

• School: UNSW, UNSW Sydney
• Department: Taxation and Business Law
• Course: TABL1710
• Professor: Helen Cosby

Document Summary

Chap 8: what is intention: the fa(cid:272)t that parties ha(cid:448)e rea(cid:272)hed a(cid:374) agree(cid:373)e(cid:374)t does(cid:374)(cid:859)t (cid:374)e(cid:272)essaril(cid:455) (cid:373)ea(cid:374) that (cid:272)o(cid:374)tra(cid:272)t has been formed parties must intend that agreement will be legally enforceable. Intention generally: for agreement to be legally enforceable as contract one of conditions that must be satisfied is that parties intended to create legal relations. Ermogenous approach: suggested that presumptions only useful tools to identify who should bear onus of proof + in every case, party asserting existence of legally binding agreement bears onus of proof. If parent company refuses to give guarantee compromise is letter of comfort. The statutory position: not carrying out intention as other party understands it may result in breach of consumer protection laws e. g. s18 of competition and consumer act 2010 (cth) Non-commercial agreements: presu(cid:373)ed parties did(cid:374)(cid:859)t i(cid:374)te(cid:374)d to (cid:272)reate legal relatio(cid:374)s, after ermogenous (2002) determining question of intention is by way of consideration of relevant context and relationship between parties and drawing inferences.