LAW 122 Final: class 7_part 6 of 6
2 Apr 2017
School
Department
Course
Professor
Document Summary
Both of these presumptions are rebuttable (can be refuted/ proved wrong) Start off with the presumption, if you have evidence then you can rebuttal that presumption. Case: fobasco vs cogan (1990) - page 165. Fobasco believed there was intent and says that this was commercial and presumed intent. He would say that it was solved to them and was done every year. However cogan says that they were friends and therefore there is no intent. He just did it to be a good friend. Also presume that this was a year by year contract and not something that was agreed on to occur every year. Also these are 2 men that are businessmen, and therefore if there was an actual contract than they would have created a written document. Conclusion: there was no contract, cogan won. Must be a meeting of the minds: shared decision to enter into a legal agreement on a specific terms and conditions.
