Exam 8: Intention to Create Legal Relations

Whilst the common law may not consider that advertisements indicate an intention to create legal relations,statute law has introduced penalties for various types of conduct which are designed to deter flagrant breaches of commercial good behaviour.Discuss.

A 'rebuttable' presumption is:

In which of the following cases did the court decide that a volunteer worker injured while working was not entitled to worker's compensation?

The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001)209 CLR 95 is authority for the principle that:

Why was a letter of comfort held to be contractually binding in the case of Banque Brussels Lambert SA v Australian National Industries Ltd (1989)21 NSWLR 502?

Parties to a commercial agreement who do not wish the agreement to be legally binding:

In the case of Carlill v Carbolic Smoke Ball Co.[1893] 1 QB 256,the court decided that the advertisement:

In which of the following cases did the court decide that an agreement to purchase two restaurants was contractually binding?

In which of the following cases did the court decide that an 'honour clause' in an agreement between a British firm and an American firm indicated that the firms did not intend to create legal relations?

In which of the following cases did the court decide that dealings with the government do not give rise to an intention to create legal relations?

Explain the two legal presumptions that assist courts to determine the intention of parties that enter into agreements with each other.What does it mean when these presumptions are called 'rebuttable'?

In a non-commercial agreement,the onus is on the plaintiff to demonstrate intention.

It is assumed that a contract of employment is intended between volunteers and charitable organisations.

Courts deem all domestic agreements as non-binding.

It is presumed that advertisements are not intended to create legal relations.

What is the courts' rationale for presuming that agreements made between parties in a commercial context are intended to be legally binding? Is this a fair presumption?

The law presumes that in social agreements the parties intend to create legal relations.