However, where there is a clear contractual liability, the presumption is rebutted. In Merritt/Merritt, a separation agreement between insane spouses was enforceable. At Beswick v. Beswick, an uncle`s agreement to sell a coal delivery to his nephew was enforceable. Even at Errington v. Errington, a father`s promise to his son and daughter-in-law to live in a house (and ultimately own) if they had paid the rest of the mortgage was a one-sided contract enforceable. “Interpretation of a Memorandum of Understanding. When a statement of intent is interpreted, it is necessary to determine the true intent rather than sticking to the literal meaning of the statement.Â The LOI describes the detailed information needed to enable the parties to make an informed decision on the agreement. The letter can also be used to give the buyer the “right of pre-emption.” This means that the seller cannot enter into a definitive agreement on the sale of himself or his subsidiary (or with respect to the agreement) to another company before entering into such an agreement with that purchaser. Short written contracts are similar, but are generally tabular and are not binding on the parties as a whole.
However, many IAOs contain binding provisions, such as secrecy provisions. B, applicable law, exclusivity or agreements to negotiate in good faith.  A LOI can sometimes be interpreted by a court as binding on the parties if it looks too much like a formal contract and does not contain a clear disclaimer.  While in general law a treaty is still often defined as a “meeting of minds,” the common law courts have never doubted that the interpretation of an act must not so much concern what the parties wanted, but what they said. This explains why, in interpreting a written contract, common law courts respect the text of the treaty for as long as possible and only allow exceptional consideration of extrinsious evidence. With regard to the interpretation of contracts in German law, the actual existence of a declaration is therefore not considered to be a component of a Memorandum of Understanding.