Joginder has been running a business, Joginder Enterprises, in Brisbane where he manufactures kitchen towels. The business has grown significantly in recent months and is now very profitable. Joginder becomes very successful but because he lives alone, he is also very lonely. He is very advanced in age. Joginder has a niece, Jaswinder who is an accountant working for a big firm in Darwin. Joginder writes to his niece Jaswinder and asks her to move over to Brisbane to help him run Joginder Enterprises. 

He promises to give Jaswinder 50% of the business if she moves and works for him for 2 years. Jaswinder is in a serious relationship with Marc, who also works in Darwin. Marc is not interested in moving to Brisbane and breaks off his relationship with Jaswinder. Jaswinder accepts her uncle’s offer, sells her recently acquired flat, quits her job and moves to Brisbane to start a new life with her uncle. Six months later, the relationship between Jaswinder and Joginder breaks down and Joginder throws Jaswinder out of his house and the business. Jaswinder is angry as she has lost everything.

Explain the presumptions that courts would make in determining whether Joginder and Jaswinder intended to be legally bound by their agreement and advise Jaswinder whether she could succeed in enforcing the agreement.