Two friends agree orally that one will drive the other to work each week in return for petrol money. When the driver stops, the passenger sues for breach. Which factor is most relevant to the court?
Answer and explanation
Correct answer: C. Whether the parties intended legal relations
- Step 1: Balfour v Balfour presumes no intention in domestic agreements.
- Step 2: The presumption is rebuttable by evidence of intention, but is strong for friends.
Answer
Whether the parties intended legal relations.
Why not the others: Writing is not required; land is irrelevant; a driver being a company does not matter.
Practise more Formation, consideration and intention.
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