Zhouyee
Badges: 0
Rep:
?
#1
Report Thread starter 4 years ago
#1
--Question has been solved---
0
reply
arrowhead
Badges: 20
Rep:
?
#2
Report 4 years ago
#2
Argue that there is an oral contract - offer, acceptance and consideration. Breach of the contract would entitle Ashley to claim for remedies including specific performance.
1
reply
Zhouyee
Badges: 0
Rep:
?
#3
Report Thread starter 4 years ago
#3
(Original post by arrowhead)
Argue that there is an oral contract - offer, acceptance and consideration. Breach of the contract would entitle Ashley to claim for remedies including specific performance.
But the intention to create legal relation is an element that must be present in order for a contract to be legally binding. If following the general rule of intention to create legal relation,in social/domestic arrangement there'll be no intention. So is Ashley still entitled to the remedy?
0
reply
SinsNotTragedies
Badges: 3
Rep:
?
#4
Report 4 years ago
#4
(Original post by Zhouyee)
But the intention to create legal relation is an element that must be present in order for a contract to be legally binding. If following the general rule of intention to create legal relation,in social/domestic arrangement there'll be no intention. So is Ashley still entitled to the remedy?
It is just a presumption that legal relations are not intended to be binding in such contexts (see Merritt v Merritt, where this presumption was rebutted). Therefore Ashley can make a case for it to be rebutted.
1
reply
Zhouyee
Badges: 0
Rep:
?
#5
Report Thread starter 4 years ago
#5
ok thank you so much everyone!
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Which of these would you use to help with making uni decisions?

Webinars (77)
11.81%
Virtual campus tours/open days (158)
24.23%
Live streaming events (52)
7.98%
Online AMAs/guest lectures (59)
9.05%
A uni comparison tool (153)
23.47%
An in-person event when available (153)
23.47%

Watched Threads

View All