Andrew Stewart, Whats Wrong with the Australian Law of Contract? (2012)
29 Journal of Contract Law 74, 81 (citations omitted).
Ms Ashton contended that the primary judge erred in applying the presumption
[not to create legal relations]. It is correct that his Honour accepted the
presumption applied
Ashton v Pratt [2015] NSWCA 12 (16 February 2015) [72].Considering the above quotes, has the High Courts statement in Ermogenous on the
use of presumptions in the determination of the intention to create legal relations
been correctly understood and implemented by lower courts in Australia? Was the
High Court correct in re-characterising the role of presumptions?
In your answer, you must:
identify and discuss the ratio of the High Courts decision in Ermogenous;
research and examine the subsequent judicial and academic treatment of the case,
including Ashton;
state and explain your own opinion in response to the question.