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Consequently lee narrowly avoids hitting the

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Consequently, Lee narrowly avoids hitting the pedestrian but the pedestrian falls to the ground. Lee continues on for some distance and then decides to stop his car. He puts his head out the driver’s window and looks back at the pedestrian. He sees that several people have come to the aid of the pedestrian who is sitting up on the roadway and appears all right. He then drives off without speaking to anyone. These events take only a few seconds. But he has been recognised and when the police call on him, he admits the truth of the above facts. Lee is charged with breaches of both parts of the following road traffic regulations: “Where a motor vehicle is involved in an accident in which a person is injured or property is damaged, then the driver of the motor vehicle must: a) Stop the motor vehicle; andb) Immediately render such assistance as is necessary.” Required Use the relevant rules of statutory interpretation to determine whether Lee is guilty of either of the offences. To answer this question the meanings of some key words in the regulation have to be determined.
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Exercise 4.1 In order to determine whether parties intend to be legally bound by an agreement, the courts have developed two presumptions . Answer the following questions, citing the relevant cases which support your answers. 1) Explain in your own words the presumptions applied by the courts to determine intention to be legally bound. There are two relevant presumptions applied by the court when testing for intention. Firstly, there are personal, domestic or social transactions where the course presumes the parties did not intend to be legally bound. See Balfour v Balfour [1919] 2 KB 571, where the contact between a married couple was found to not be a binding contract as it was a domestic agreement. Secondly, there are business or commercial transactions where the court presumes parties intended to be legally bound. See Carlill v Carbolic Smoke Ball Co, where there was found to be intention, and therefore a contract, as he conditions were fulfilled and it was a business transaction. 2) Are the presumptions absolute or are there exceptions? A presumption is a ‘probable outcome’; it is not absolute. They can be rebutted only by presenting strong contrary evidence. See Merritt v Merritt [1970] 1 WLR 1211, the presumption was rebutted even through the couple were married. Precedent of Balfour v Balfour does not apply if the married couple are separated when the agreement is made. 3) What does the term ‘rebuttable’ mean? Rebuttal is a noun that means a pleading by a defendant in reply to a plaintiff. When two people debate, one makes an argument and the other rebuts. 4)In order to rebut the presumptions, which party bears the onus of proof? The onus of proof is borne by the party seeking to rebut the presumption.
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