Topic 6.1 Intention

Unfortunately we had all sorts of trouble with the livestream class - thank you to those who were there and so patient and undertstanding - so this is a recording of last semester's class on the same topic.

00:00 - Introduction

00:23 - Week six – Semester two

02:45 - What do we cover in this topic?

02:48 - Overview: Intention to create legal relations

06:45 - Intention

09:33 - Objective Test: Did the parties manifest an intention to create legal relations?

12:19 - Lord Denning MR: Merritt v Merritt

12:39 - What factors are taken into account (to determine whether the parties intended a legal relationship)?

16:30 - Presumptions

17:19 - Doubt about the utility of Presumptions

21:14 - __ “… not only is there obvious difficulty in formulating rules intended to prescribe the kinds of cases in which an intention to create contractual relations should, or should not, be found to exist, it would be wrong to do so.”