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B.Domestic and social agreements
1.Presumption
As a general rule, it is presumed that the parties did not intend to create legal…
Two cases illustrate the application of the presumptive rule. In Balfour v Balfour
“The proposition that the mutual promises made in the ordinary domestic relationship of husband and wife of necessity give cause for action on a contract seems to me to go to the very root of the relationship, and to be a possible fruitful source of dissension and quarrelling. I cannot see that any benefit would result from it to either of the parties, but on the other hand it would lead to unlimited …
Similarly, in Jones v Padavatton,…
“…as a rule when arrangements are made between close relations, for example, between husband and wife, parent and child or uncle and nephew in relation to an allowance, there is a presumption against an intention of creating any legal relationship. This is not a presumption of law, but of fact. It derives from experience of life and human nature which shows that in such circumstances men and women usually do not intend to create legal rights and obligations, but intend to rely solely on family ties of mutual trust and affection…”…
The facts of the case were not of such nature so as to displace that rule.…
A.Introduction
2.Rebuttal of the presumption
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