Coursework.Info - Inspiration in an Instant

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PROMISES INTENDED TO CREATE LEGAL RELATIONS - consideration and intention interrelated - - the law requires that the third element necessary to the contract is an intention to create legal relations- Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 at 105. - Common positive intention not to contract will be respected - Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) - Test for intention is objective - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd - Question is whether looking at the type of agreement, can the party sue if there is a breach? Intention- express or implied - presence of intention depends on the facts of each case- Air Great Lakes Pty Ltd v KS Easter (holdings) Pty Ltd - the relevant intention may be express or implied- Deutsche Schachtbau-und Tiefbohrgesellschaft mbH v Shell International Petroleum Co Ltd OBJECTIVE TEST - what reasonable inference would a third party draw from the parties'...

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