ABSTRACT

There may be situations where, despite the identifi cation of an agreement and consideration, the courts feel that an agreement should not be enforced because the parties did not intend that it should create legal relations. The main approach is based on two presumptions:

■ If the agreement is a ‘domestic’ agreement the courts will presume that it is not intended to be legally binding. It will be up to the party wishing to enforce to overturn that presumption.