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Subjective test
When a non mistaken party intends to take advantage of a non mistenken party
Used when trying to find the intentions
Used in exceptional circumstances
Used when the objective test doesn’t work
Objective test
The most common used when trying to find the intentions
Used when finding the true intention is irrelevant
Any reasonable person can see the true intent of the parties involved
4 elements to a contract
Offer
Acceptance
Intention to create legal relations
Consideration
(Offer + acceptance) + intention + consideration = valid contract
What are the 2 principles behind ‘intentions to create legal relations’ ?
Principle 1: The law assumes that, unless proved otherwise, those entering into a social or domestic agreement do NOT have the intention to create legal relations
Principle 2: The law assumes that, unless proved otherwise, those entering into a social or domestic agreement DO have the intention to create legal relations