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INTENTION IN A DOMESTIC OR SOCIAL AGREEMENT by Alice Ken
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INTENTION IN A DOMESTIC OR SOCIAL AGREEMENT |
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Education,Law,Writing
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The intention to create a legal relationship is one of the elements of the contract. The intention in a domestic or social agreement is defined as a legally binding agreement or contract. The domestic contract is the agreement between two people who are in a family relationship. The marriage contracts, the separation agreements, and the cohabitation agreements are good examples of domestic contract. The intention to create a legal relation shows the commitment of both parties to a contract. In a domestic and social agreement, there is no belief the contract is legally binding. This is because the presumption the contract is based on the family tends to rely on the mutual trust and affection and not the contract which is enforceable by the law. However, the written contract can be introduced with the assistance of the family lawyer. The presumption can be rebutted on the situations where the husband and the wife have separated or where the family member promises the rest of the family members to take care of the elderly person among them until death. The facts of the case are the determinant whether the presumption has been rebutted or not. Social agreements that give rise to both the legal obligations and agreements and participate in the competition have been termed as enforceable.
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