An enforceable contract can only be found as enforceable in a court of law if both parties have met the three elements and are present.

Given that Marc and Ben are family, the Machinery agreement was made in social context, therefore the court will rely on the presumption that both parties did not intend to be legally bound at the time. But due to this being a business related agreement (both representing their company), the court will presume that both Marc and Ben intended that the agreement would be legally binding. For Ben to prove this was not the case, he will need to provide the onus of proving facts to establish this.

The issue regarding the deduction of $9000 from Sensational Sails to EquipU, Ben will have to prove and show evidence (Including a written contract if there is one) that this was the case upon the agreement of the Machinery for a total of $39,000. It is not stated in the facts about any deduction for the Catering for the catering Ben did at the wedding, therefore consideration cannot consist of something that had been previously done or promised to both parties. This will strengthen Marc’s argument for the full $39,000 to be paid in full.