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LEGAL ENVIRONMENT OF BUSINESS QUESTION. 1. Discuss the presumptions in domestic, social and commercial agreement and...

LEGAL ENVIRONMENT OF BUSINESS QUESTION.

1. Discuss the presumptions in domestic, social and commercial agreement and explain the circumstances by which these presumptions may be rebutted.

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Answer #1

Under social and domestic agreements there is a presumption of no intention to create legal relations. This is because such agreements are based on mutual trust and love rather than contracts. This presumption may be rebutted if the agreement is in the form of a written contract with the assistance of a lawyer. For instance when there is an agreement of division of property between the children.

Under commercial agreements, there is a presumption that there is an intention of entering into a legally enforceable contract. This presumtion can be rebutted only if if there is a clear and expressive unambiguous exclusion of that intention by the parties involved.

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