Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Formation of a Contract
Intention to Create Legal Relations
- 3 things to know
- Paper 3
Overview
Recall questions on why intention is essential, the presumptions for commercial and domestic agreements and the evidence that rebuts each.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What principle was established in Balfour v Balfour?
Key term
Why might a court find that an agreement between family members to share competition winnings is legally binding?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Why is intention to create legal relations considered an essential requirement for a valid contract?
Model answer
Because the parties must intend their agreement to be legally binding and enforceable by the courts; without this intention, the agreement cannot constitute a contract.
- 2
What presumption applies to commercial or business agreements regarding intention to create legal relations?
Model answer
There is a rebuttable presumption that the parties intend to create legal relations.
- 3
A commercial contract contains a clause stating the agreement is 'binding in honour only'. What is the legal effect?
Model answer
The clause rebuts the commercial presumption, meaning the agreement does not create legal relations and is not enforceable by the courts.
- 4
What type of evidence can rebut the presumption against legal relations in domestic agreements?
Model answer
Evidence showing the parties did intend legal consequences, such as the serious nature of the agreement or reliance by one party.
- 5
What principle was established in Balfour v Balfour?
Model answer
That agreements between spouses living together in amity are presumed not to create legal relations.
- 6
If a husband and wife who are happily married make an agreement about household expenses, would this normally be enforceable?
Model answer
No, because under Balfour v Balfour, agreements between spouses living together in amity are presumed not to create legal relations.
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