Relying on common law, how is Intention displayed in this case? Determine if Eleanor Arthur must transfer the burial licence to Joe Butler.

Bonnie Butler died on June 25, 2022, from injuries sustained in a car accident. Bonnies husband Joseph Butler (Joe) and Bonnies mother Eleanor Arthur were devastated by her death.

On the day of Bonnies death Joe had the first of several conversations with his mother-in-law, Eleanor.

Joe: I have an appointment with Simple Funerals to discuss the arrangements for Bonnies funeral. Eleanor, Would you like to come?

Eleanor: Yes, I will be there. Where are you going to bury Bonnie?

Joe: I dont know I havent thought about it.

Eleanor: I have two burial plots at Green Oaks Cemetery. I dont need both. I decided that I want you to have one. I wont take no for an answer. You can bury Bonnie in it and then you can be together when your time comes.

Joe: Thank you Eleanor. That is very generous of you.

The second such conversation occurred the following day, 26 June 2022, during a meeting with a representative from Simple Funerals.

Eleanor reiterated: I have two plots at Green Oaks cemetery. One has my mother in it. I will be buried with her because we cremated my father, and I will transfer the other to Joe so he can be buried with Bonnie.

Joe: Thank you Eleanor for your generous gift.

During the above conversation the Simple Funerals representative telephoned Green Oaks Cemetery to confirm Eleanors entitlement to the two burial plots.

Joe and Eleanor then returned to Eleanors house searched her records and found the document evidencing Eleanors title to the burial licence for the burial plot where Bonnie and Joe would be interred.

Eleanor did not at that stage, or later, fill out or sign the transfer printed in blank at the bottom of the burial licence or certificate for the subject plot, nor did Joe ask her to do so at that time.

Bonnie Butler was subsequently buried in Eleanors plot on 3^rd July 2022.

Similar statements were made by Eleanor in relation to the proposed transfer to Joe of the grave or burial licence in subsequent conversations between herself and various family members, including Joe Butlers sister and his daughter, Eleanors grandchild.

It was not until August 15, 2022, that Joe learnt from another family member, that Eleanor wanted to retain the relevant burial licence (and hence the right of nomination to the second person to be buried in the subject plot).

Joe made repeated unsuccessful attempts to obtain confirmation that Eleanor would transfer to him the burial licence for the subject plot, including making an offer on 31^st August 2022 that If Eleanor has changed her mind and no longer wishes to give it to me, I am prepared to purchase it from her at a reasonable price.

Which is seen from the case?

Domestic, Social or Voluntary Agreements

Presumption is that the parties do not intend to create legal relations but can be rebutted if the consequences are serious

OR

Business or Commercial Agreements

Presumption is that the parties do intend to create legal relations but can be rebutted if not of a commercial nature