What Is A Social And Domestic Agreement

However, if there is a clear desire to be contractually bound, the presumption is rebutted. In Merritt v. Merritt,[6] a separation agreement between separated spouses was enforceable. In Beswick v. Beswick,[7] an uncle`s agreement to sell a coal supply business to his nephew was enforceable. Also in Errington v. Errington,[8] a father`s promise to his son and daughter-in-law that they could live (and ultimately own) in a house if they paid the balance of the mortgage was a one-sided, enforceable contract. Although many sources consider “social and domestic agreements” as a single class, it is preferable to consider “family agreements” as a class distinct from “social agreements”, since the latter do not assert a presumption and only the objective criterion applies. Trade agreements sometimes use “honour clauses”. Before signing a domestic contract, it is important that each person seek independent legal advice to ensure that they understand the terms of the agreement and, in particular, how what they accept may differ from their rights under the law. The doctrine determines whether a court should presume that the parties to an agreement want it to be legally enforceable, and it states that an agreement is only legally enforceable if the parties are deemed to have intended a binding contract. .