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Lack of intention to create legal obligation

1. Non-genuine representation

  • Binding
  • Not binding if the counterpart ought to have been aware that it was non-genuine

2. Null and void

  • No need to rescind
  • free from the limitation period affecting rescission

3. Wide (perhaps too wide) ranging application

  • 92Da3670 (Busan Fish Market)
  • 92Da41528 (Forced donation)