LAW410A Study Guide - Meeting Of The Minds, Le Classique, Rebuttable Presumption
23 Feb 2014
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Contracts battle can: intention to create legal relations, intention to create legal relations. Rose and frank co v jr compton and bros ltd, 1924 uk. In a commercial context we presume the parties have an intention to create legal relations but that presumption is rebuttable (we can say it"s not true). Balflour v balflour, 1919 england: there is a rebuttable presumption against the intention to create legal relations in the family context (no intention to create legal relations), (husband agreed to pay wife when gone but didn"t) Toronto dominion bank v leigh instruments ltd, 1999 onca: documents (e. g. comfort letters ) are determined by the reasonable person test, offer and acceptance. Pharmaceutical society v boots cash chemists, 1953 engca: display of items on shelf or window or an advertisement leads to the presumption of an invitation to treat. Goldthorpe v logan, 1943 ownca ca: application of carbolic.
