商业法律

Intention: Non-commercial agreements:1.Where the agreement between the parties is of a non-commercial nature, it is presumed that the parties do not intend to create legal relations (Balfour v Balfour). Where the agreement between the parties is of a commercial nature, it is presumed that the parties do intend to create legal relations(Balfour v Balfour). The presumption in social arrangements is that there is no intention to create legal relations(Edwards v Skyways Ltd)..(Social agreements in friends/acquaintances, Family, domestic,Voluntary) a)social arrangements:The presumption in social arrangements is that there is no intention to create legal relations (Balfour v Balfour). b) Family or domestic agreements,In the case of domestic agreement made while the husband and wife are still living together or in a de facto relationship, it is presumed that the parties do not intend to create legal relations in relation to promises made to each other (Balfour v Balfour). This presumption can be rebutted. (brothers and sisters, aunts and uncles, nephews and inlaws).Domestic arrangements between other family members are also presumed not to be legally binding (Balfour v Balfour).But Courts may rebut the presumption if the consequences of the promise are serious for one of the parties and they have changed their position in reliance on the promise that has been made to them (Wakeling v Ripley). c) voluntary agreements In voluntary agreements such as participation in charitable or other voluntary organisations, the presumption is that the parties do not intend that agreement to be legally binding (Teen Ranch Pty Ltd v Brown). This presumption may be rebutted by evidence to the contrary evidence (Popiw v Popiw). Commercial agreements The presumption in commercial agreements is that the parties have an intention to be legally (Edwards v Skywards Ltd). This presumption can be rebutted, if the parties use clear wording to that effect. Letters of comfort (Kleinwort Benson Ltd v