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EPISODE · Apr 6, 2020 · 21 MIN

Topic 6.1 Intention

from Fundamentals of Australian Contract law · host Nolan, Cathryn

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.”

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Topic 6.1 Intention

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