In contracts between family members, the courts will not presume that parties have an intention to enter into a contact.

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In contracts between family members, courts often start with the presumption that the parties did not intend to create a legally binding contract, due to the personal nature of family relationships. This presumption can be rebutted by evidence showing that the parties did intend to enter into a contract.

In Contracts Between Family Members, the Courts Will not Presume