ACCA每日考场 8-21号答案解析

ACCA每日考场  8-21号答案解析 Which of the following people would it be presumed cannot sue on a contract?                                                                  A. A partner who has not signed a business contract which has been signed by another of his partners. B. A person who has not signed the contract but who has asked his friend to sign on his behalf. C. A car dealer who has not signed a written contract but who has orally agreed to its terms. D. A brother who has entered into a contract with his sister.

正确答案：D

答案解析：

The correct answer is: A brother who has entered into a contract with his sister. In this situation it would be presumed that there is no legal intention. In business dealings legal intention is presumed unless evidence is shown to the contrary. Writing or the lack of it is irrelevant. The friend is acting on behalf of the contractual party whom it will be assumed has legal intention. Under agency rules partners can bind other partners to contracts that they sign. Assuming there is no evidence to the contrary legal intention will be presumed.