Domestic or family agreements - elements of contract, Business Law and Ethics

Assignment Help:

Domestic or Family Agreements - Elements of Contract

However there is a rebuttable presumption such the parties did not intend for create legal relations as:

1. Agreements between husband and wife:

  • Whether the husband and wife are living together amicably, there is a lawful presumption such any agreement they enter with is NOT legally binding: like BALFOUR v. BALFOUR.  However this principle appears for be a consequence of a legal apprehension such ill-advised litigation will destroy the domestic tranquillity commonly prevailing in the home thus the love between the parties there.
  • Whether the husband and wife have separated, such are about to separate hence that the marriage is practically over then so any agreement entered into through the spouses is presumed for have been intended to be lawfully binding as e.g. MERRIT v. MERRIT. However in such a case, there is no love between the parties that litigation might destroy.

 

2. Agreement between Parent and Child:

However it was held in JONES v. PADAVATTON like an agreement between a parent and a child but as in that case, between mother and daughter is presumed NOT to have been intended for be legally binding.  Such court added like agreements depend entirely at the goodwill of the parties thereto.

3. Agreement between Uncle and Niece or Nephew:

Therefore in Jones v. Padavatton, Salmon L.J. stated: "As a rule whether arrangements are made between close relations, to like between husband and wife, parent and child or uncle and nephew in the relation to an allowance, hence here is a presumption against an intention to creating any legal relationship".


Related Discussions:- Domestic or family agreements - elements of contract

Theobald , Theobald: Conversely there such I take to be the duty of th...

Theobald: Conversely there such I take to be the duty of the auditor; then he must be honest.... i.e. like he must not certify that what he does not believe to be true, reason

Subrogation - void contracts, Subrogation - Void Contracts       Howeve...

Subrogation - Void Contracts       However in Re National Permanent Benefit Building Society would the court stated that where an infant obtains a loan for necessaries and real

When was the concept of refugee expanded, When was concept of refugee expan...

When was concept of refugee expanded Refugee law encompasses international legal instruments including the following : The 1951 United Nations Convention relating to the Status

Removal - powers of managing director, Removal:             Article 10...

Removal:             Article 107 provides that the managing director's "appointment shall be automatically determined if he cease from any cause to be a director". However it

Statutory provisions, Statutory Provisions:  i) Definition of "Prospec...

Statutory Provisions:  i) Definition of "Prospectus" A prospectus is defined by S.2 as "any prospectus, notice, circular, advertisement or other invitation offering to the

What is the use of reprisal, What is the use of reprisal the use of rep...

What is the use of reprisal the use of reprisal should also be categorized under the heading of the lawful use of force. It is defined as a counter action taken by a state to p

Civil liabilities, Civil Liabilities: LIABILITY FOR FAILURE TO STATE A...

Civil Liabilities: LIABILITY FOR FAILURE TO STATE ANY MATTER OR REPORT At Common Law, a contract of allotment is not a contract Uberrimae Fidei. The company is therefore no

Define the term - authoritative government decision, Define the term - auth...

Define the term - authoritative government decision We can sum up by way of saying that the intent to implement a policy is not the same thing as a real policy. Failure to impl

Ways which affect the behaviour of the policy maker, Ways which affect the ...

Ways which affect the behaviour of the policy maker There may be at least three ways this uncertainty may affect the behaviour of the policy maker. a) He may chose mainly th

Approval of the scheme - mergers and winding up, Approval of the scheme - m...

Approval of the scheme - mergers and winding up: A scheme of arrangement was agreed between Hambros and Hellenic whereby the shareholders of Hellenic were to have their shares

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd