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Can the presumption of an intention to create legal relations always be rebutted no matter who the contract is between (e.g. family, friends, business associates etc.)?
I imagine it can – where the two parties specifically include (or exclude) intention, then why not?
The presumption is an assumption by the Court that two parties in a contractual arrangement have entered into that position with the intention of creating legal relations
However, that presumption may be rebutted by one or other claiming that no intention was present
This rebuttal will be substantially more difficult to establish in a commercial contract when compared with a social arrangement between members of one family but, in this latter situation, I can see no reason to suggest that rebuttal would always be impossible
In fact, it could possibly be the other way round and that, in a domestic arrangement, intention is not presumed by the Court. That presumption would then be available to be rebutted by one party claiming that intention HAD been made very clear at the start of the arrangement
OK?
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