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This presumption “derives from experience of life and human nature which reveals that in such circumstances women and men often do not intend to create legal rights and obligations, but intend to rely solely on family ties of mutual trust and affection” (Jones v Padavatton, 2 All ER 616 at 621 (CA)). The presumption is equally based on the truth that agreements between members of the family are often not bargained or negotiated. Thus, a contract between family members is enforceable where there’s evidence that the events intended the contract to create authorized relations. The presumption might be rebutted by evidence displaying that, though the events are relations, the contract was reached or executed in business circumstances.
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