The relationship of the parties and the circumstances in which an arrangement was entered into are relevant to determining intention to create legal relations, but no presumption applies to family or domestic arrangements following Ermogenous. The detriment required to ground an estoppel must be a substantial material disadvantage; continuation of a relationship that the claimant regarded as affectionate and non-exclusive does not constitute detriment, nor does foregoing employment where the claimant received substantial gifts and was not disabled from returning to the industry. An email offering payment 'in full and final settlement' can constitute an offer capable of acceptance by acknowledgement and confirmation of bank details. The question whether promissory estoppel can be used as a sword to create new rights remains unresolved in NSW.
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