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Words: | Submitted: Wed Oct 20 2004
... in holding that the daughter was entitled to remain in the mother's house for an indefinite amount of time. Commencing with Salmon 's view, he first had to decide whether there was ever a legally binding agreement between the mother and the daughter in relation to the daughter's reading for the Bar in England. He begins, quoting Atkins in the case of Balfour v Balfour, that to summarise, there is presumption that most agreements are not contracts at all, especially those made by close family, however Salmon does stress that presumptions can be rebutted. Salmon then stresses the daughter's reliance in giving up her job and moving to England and considered that the original agreement made was intended by both parties to have contractual force. Both parties had intentions to have the legal right to respectively receive and pay the allowance of $200 a month (This was even accompanied by ...
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