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ACCA考试《F4公司法与商法》辅导要点九

本文由高顿ACCA整理发布，转载请注明出处

8 Intention to create legal relations

1 Introduction

1.1 Parties who enter into a contract must have an intention that it will be legally binding.

2 Express intention

2.1 Where the parties make clear (by words or writing) that such intention exists or that they exclude the jurisdiction of the courts: Rose and Frank v JR Crompton & Bros.

3 Implied intention

This is usually implied from the circumstances. The courts are assisted by

‘presumptions’.

3.1 Domestic agreements:

(a) Contracts between non-separated spouses are presumed to be made without the intention to enter into legal relations and are therefore not enforceable: Balfour v Balfour.

(b) Presumptions are rebuttable. eg: if the spouses are separated there will be a greater intention to have recourse to the law: Merritt v Merritt.

3.2 Commercial agreements:

Business contracts are presumed to be binding unless the parties state otherwise: Edwards v Skyways.

3.3 Acceptance in contracts may be ‘subject to contract’.

3.4 Some commercial agreements will not be enforceable for example:

(a) agreements re football pools coupons, these are stated to be 'binding in honour only'

(b) collective agreements between employers and trade unions

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