Intention to create legal relations: the end of presumptions

Courmadias, Nadine 2006, Intention to create legal relations: the end of presumptions, Australian business law review, vol. 34, no. 3, pp. 175-186.

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Title Intention to create legal relations: the end of presumptions
Author(s) Courmadias, Nadine
Journal name Australian business law review
Volume number 34
Issue number 3
Start page 175
End page 186
Publisher Lawbook Co
Place of publication Sydney, N.S.W.
Publication date 2006-06
ISSN 0310-1053
Summary Traditionally, courts have presumed that commercial parties intend to create legal relations when entering into agreements and that family members do not. Although not without their critics, until recently these twin presumptions appeared immutable. This article examines the trend to reduce the emphasis on these presumptions by some members of the judiciary in the selection of Australian and New Zealand cases and proposes that as a consequence of the High Court's decision in Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 the intention to create legal relations presumptions should no longer be used in any context. It concludes by considering the implications for this area of law.
Language eng
Field of Research 180105 Commercial and Contract Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2006, Lawbook co.
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Document type: Journal Article
Collections: Faculty of Business and Law
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