ITCLR Evaluation
ITCLR are too strict -- - answer commercial agreements presumed to be legally binding
as in CvCSBC, but domestic and social are not as BvB.
overlap of social and commercials so judges use their discretion = not fair
unfair burden of proof ++ - answer c must prove there was ITCLR in social and
domestic agreements whereas ds can simply show that it is not binding. BvB MvM
social and domestic -- - answer presumed no ITCLR based on the idea that agreements
are informal and based on trust
commercial agreements -- - answer general presumption = ITCLR. mere marketing
puffs do not create ITCLR. CvCSBC - putting money aside to cover costs if it doesn't
work was not MM{ and was held to be ITCLR
reforms - answer- academics suggest an objective test
- if o and a, consideration and privity are satisfied, then this should prove ITCLR
- relying on presumption is unnecessary
ITCLR are too strict -- - answer commercial agreements presumed to be legally binding
as in CvCSBC, but domestic and social are not as BvB.
overlap of social and commercials so judges use their discretion = not fair
unfair burden of proof ++ - answer c must prove there was ITCLR in social and
domestic agreements whereas ds can simply show that it is not binding. BvB MvM
social and domestic -- - answer presumed no ITCLR based on the idea that agreements
are informal and based on trust
commercial agreements -- - answer general presumption = ITCLR. mere marketing
puffs do not create ITCLR. CvCSBC - putting money aside to cover costs if it doesn't
work was not MM{ and was held to be ITCLR
reforms - answer- academics suggest an objective test
- if o and a, consideration and privity are satisfied, then this should prove ITCLR
- relying on presumption is unnecessary
