ABSTRACT
There may be situ ations where, despite the iden ti fic a tion of an agree ment and consid er a tion, the courts feel that an agree ment should not be enforced because the parties did not intend that it should create legal rela tions. The main approach is based on two presump tions:
■ If the agree ment is a ‘domestic’ agree ment, the courts will presume that it is not inten ded to be legally binding. It will be up to the party wishing to enforce to over turn that presump tion.
