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1 Found helpful • 29 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB120 - Law of Contract A
Example of notes: Intention • The objective approach – 91 o The court is concerned with whether the parites manifested an intention to create legal relations, and not with whether they actually intended to do so. à Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95, 105-6 o Lord Denning MR: Look at the situation in which the parties are placed and ask: Would reasonable people regard the agreement as intended to be binding?à Merritt v Merritt [1970] 1 WLR 1211, 1213 confirmed in Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95, 105-6àGaudron, McHugh, Hayne and Callinan JJ: Talked about how the word “intention” describes what is objectively conveyed, and is not a search for the uncommunicated subjective motives or intentions of parites o McHugh JA: The court may look beyond the terms of the contract to determine whether the agreement was intended to create legal relationsàAir Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2NSWLR 309 o Mahoney JA suggested: An intention by one party, not to be bound will prevent a contract arising where that subjective intention is known to the other partyàAir Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2NSWLR 309
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