Domestic or Family Agreements - Elements of Contract
However there is a rebuttable presumption such the parties did not intend for create legal relations as:
1. Agreements between husband and wife:
- Whether the husband and wife are living together amicably, there is a lawful presumption such any agreement they enter with is NOT legally binding: like BALFOUR v. BALFOUR. However this principle appears for be a consequence of a legal apprehension such ill-advised litigation will destroy the domestic tranquillity commonly prevailing in the home thus the love between the parties there.
- Whether the husband and wife have separated, such are about to separate hence that the marriage is practically over then so any agreement entered into through the spouses is presumed for have been intended to be lawfully binding as e.g. MERRIT v. MERRIT. However in such a case, there is no love between the parties that litigation might destroy.
2. Agreement between Parent and Child:
However it was held in JONES v. PADAVATTON like an agreement between a parent and a child but as in that case, between mother and daughter is presumed NOT to have been intended for be legally binding. Such court added like agreements depend entirely at the goodwill of the parties thereto.
3. Agreement between Uncle and Niece or Nephew:
Therefore in Jones v. Padavatton, Salmon L.J. stated: "As a rule whether arrangements are made between close relations, to like between husband and wife, parent and child or uncle and nephew in the relation to an allowance, hence here is a presumption against an intention to creating any legal relationship".