Today’s bounce — my $0.02 on jinxes. When things are going well, never say anything!
The bucket — $0.02 on family contracts — are there any presumptions?
Ah, the Boomers! What a performance in the World Cup. They’ll be better when Big Ben joins in! Bring on the Olympics.
And that’s why I didn’t say anything. Because of jinxes.
Every time it is said that a player has hit x shots in a row, next one is a miss (except for Elena Delle Donne, as faithful readers know). Every time you ask if a quiet matter has settled, it immediately blows up.
Just. Say. Nothing. Until it’s over.
Proven here, as I started thinking about this post last Friday morning. Then losses on Friday night and Sunday. Sorry, my bad.
Now, family contracts. Are there presumptions that there is no intention to create legal relations? No, there are not.
In Ermogenous v Greek Orthodox Community (2002) 209 CLR 95, the Court (at ) doubted the utility of using the language of presumptions, saying that all that did was invite attention to who bore the onus of proof.
Rather, as with much contract law, it requires an objective assessment of the state of affairs between the parties (at ).