Tutorial 3 Ans - 2 Issue Was there intention to create...

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2. Issue: Was there intention to create legal relations? Rule of Law: In a domestic agreement, the presumption is no intention (Balfour v Balfour). Rebutted: Shows intention (Todd n Nicol) (Merritt v Merritt). Application: Best friends, and they take turns to walk from the box to the betting ring to place bets. Implies a domestic agreement – no intention. Rebutted: (Trevey v Grubb) had to share, does it apply here? Trevey v Grubb had to share, because they were a syndicate; George and Michael were best friends. BUT, they applied a strategy, and this shows that there was intention. Conclusion: There is an intention, therefore there is a valid contract. George has to share the winnings. 5. Issue: Do they have a commercial agreement? Rule of Law: In a commercial agreement, the presumption is intention to be bound (Banque Brussels). Rebuttal: (Rose & Fran v Crompton).
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Unformatted text preview: Conclusion: Although it was an oral agreement, there was a clear intention (accountant/lawyer) present. Therefore, Jaz has to continue sharing the royalties with the band. 1. (a) Issue: Can he enforce the promise? Rule of Law: Past consideration (Rosolla v Thomas), consideration cannot be past. Agreement is made after the consideration. Conclusion: There is no valid agreement. (b) Issue: Is the consideration sufficient? Rule of Law: Consideration must be sufficient but need not be adequate. Promise not to sue – Case (Wigan v Edwards). Application: They have a legal agreement. Conclusion: Alex must pay the $5000. (c) Illusory: (Eastwood v Canyon) or (White v Bluett) (d) (Re Casey’s Patents) (e) Make the boss sign the deed. (f) Issue: Is the consideration valid? Rule of Law: Excretory, but the agreement is still valid....
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