Ashton and Turner, ‘A contemporary reimaging of the intention to create legal relations doctrine’

“Intention to create legal relations (ICLR) plays an important role in identifying which agreements are legally binding. The law adopts an objective test, making use of a presumption/rebuttal model. In the case of ordinary commercial agreements there is a presumption that the parties do intend to create legal relations and it is not normally necessary to prove intention. However this presumption can be rebutted, the onus being on the party who asserts that no legal effect was intended, with the burden a heavy one. Contracts relating to domestic/social agreements are presumed not to have intended to create legal relations. Again, this presumption is rebuttable …”

€ (Westlaw)

Jeanette Ashton and Juliet Turner, ‘A contemporary reimaging of the intention to create legal relations doctrine’ [2022] 4 Journal of Business Law 283-306.

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