... an objective one. The courts will need to look at the behaviour of the parties, for instance what has been said and what has been done in relation to dealing with each other to make a deduction. Lord Bingham currently affirmed in recent case "whether the parties intended to enter into legally binding relations is an issue to be determined objectively and not by requiring their respective states of mind."2 This approach needed to take place, as it is very often hard to prove, or bring forward evidence of a person state of mind; whether at the time of entering into the agreement one or both of the parties had regard to the legal consequences before them. Therefore, it is necessary to question what a reasonable person in the position of each other the parties would have intended as well as relying on certain presumptions to decide if there is ...

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