Basic law Essay Example | Topics and Well Written Essays - 1000 words

Basic law - Essay Example A substitution might be necessary if the court decided a litigation guardian did not act in the best interests of the minor (Queen’s Bench Rules 2008). 5. The burden of proof in this case is carried by Gina Shez Maria Sobello, Jai Desmond Sorbello and Andre Giovani Sorbello. 6. The test of intention leads the court to the statement that it is permissible to have regard to the subsequent conduct of the parties for the purpose of ascertaining whether the intention to be attributed to them was to make a binding agreement or otherwise. 7. The common law presumptions the courts rely upon in deciding if the parties intended to be legally bound is that in social or domestic situations legal relations are not intended. In a business context, however, the courts will presume that the agreement was indented to be legally bounding. In relation to social cases such presumptions can be rebutted in an attempt to show that there was an attempt for legal relations (Online Legal Coach 2008). 8 . The English case mentioned in the process is Balfour v Balfour[1919] 2 KB 571; 35 T.L.R. 609 , King's Bench: a husband who worked abroad promised his wife who in England to sent 30 pounds monthly. Then they divorced and she brought that action for the money he promised to her but didn’t pay (Balfour v Balfour [1919] 2 KB 571; 35 T.L.R. 609). 9. The Queensland case cited in the judgment is Riches v Hogben [1986] 1 Qd R 315: a man agreed that his mother would give him a house in Australia if he moved there to take care of her. The family gave up his rent-free house, sold a car and other belongings to depart to Australia on time. The mother bought a house, however, did not put it in his name, but on hers, and made the man’s family leave her house. The son then sued in order to enforce the contract with the mother. The Full Court, however, found the contract unenforceable (Heffey, Paterson and Hocker 1998). Mullins J refers to Riches v Hogben stating that â€Å"It is pe rmissible to have regard to the subsequent conduct of the parties for the purpose of ascertaining whether the intention to be attributed to them was to make a binding agreement or otherwise† (Sorbello & Ors v. Sorbello & Anor [2005] QSC 219) 10. Mullins J concluded that the first defendant (John Sorbello) was an honest witness. As a result, John’s evidence evidence on the events was preferred to that of Mrs Anderson or Gina. 11. The order of the court was that the proceeding be dismissed. 12. Regarding the costs of the case, it was decided that Mrs Anderson, as his litigation guardian, was ordered responsible for any costs ordered against Andre. However, the issue of whether she should be ordered to pay all the costs of both defendants was questioned by the judge who promised to hear submissions from both parties regarding the costs. 13. I believe the decision was fair. There was no formal (written) contract. Part B 1. Considering that Harry, who was willing to sell the bar, is representing a business entity, here a contract between Monty and Harry according to the common presumption that in business situations legal relations are intended. Furthermore, the court would assume that the agreement was indented to be legally bounding. In addition, since option is a contract that signifies one party’s intention to acquire a legal right to buy something (Farlex, Inc.