Cohen v Cohen (1929) 42 CLR 91

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Facts
  • When the Cohens got married, Mr Cohen promised Mrs Cohen an annual dress allowance of 100 pounds.
  • Mr Cohen eventually fell 275 pounds behind.
  • The Cohens then separated.
  • During the diorce, Mrs Cohen claimed the outstanding amount, saying it was a contractual breach.
Issue
  • Was there an intention to create legal relations?
Held
  • Mrs Cohen failed to rebut the presumption that it was a domestic agreement.
  • There seemed to be no objective intention to create legal relations
  • As such, the agreement was unenforceable.

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