Where a trial judge accepts evidence that money was advanced on the express condition of repayment, the inescapable conclusion is that the transaction is a contract of loan with an intention to create legal relations, even between family members. The motive of parental concern is irrelevant; the terms of the transaction govern. Where an individual personally promises to repay money, the fact that some payments were directed into a company bank account does not make the company the borrower. A promise to repay money advanced constitutes sufficient consideration for a loan contract.
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