Contract Law - Intention to Create Legal Relations
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- เผยแพร่เมื่อ 25 ก.ค. 2024
- Intention to create legal relations is the final element of any binding contract between parties. It sits alongside offer, acceptance and consideration.
The intention is all about how serious the parties are to be legally bound. As stated in Dalrymple v Dalrymple (1811), Contracts are not “mere matters of pleasantry and badinage” but should be intended to create a legal relationship between the parties.
When thinking about intention to create legal relations it is often helpful to split things into domestic and commercial agreements.
Domestic agreements are presumed to not be binding (Balfour v Balfour [1919]) but that presumption can be rebutted if the subject matter is serious enough (Merritt v Merritt [1970]), there is a mutuality of obligations and/or there is performance of the agreement (Pettitt v Pettitt [1970]).
In a similar fashion other domestic relationships can also rebut the presumption of no intention to create legal relations such as parent and child (Jones v Padavatton [1969]) and even roommates (Simpkins v Pays [1955]).
On the other hand the presumption for commercial agreements is that there is an intention to be legally bound.
Although this presumption can be rebutted in the context of 'advertising puff' (Carlill v Carbolic Smoke Ball Co [1893]) and an express intention not to be bound (Rose and Frank v Compton [1923]; Kleinwort Benson Ltd v Malaysian Mining Corporation Bhd [1989]) it is very difficult to do so.
Thanks for everything Mr Cleaver!
Thank you Marcus! You really explain clearly and easy. 🤗
very clear in explaining things thanks Marcus :)
Hey Marcus - terrific video, I found your explanations easy to comprehend and all was presented clearly
Thank you
Nice one, thanks Callum. Best of luck with your studies.
Thank you for the lessons.
Can you please explain financial services in reward to the legal profession. FCA authorization, exemptions. It's so confusing
Thank you very much for your videos, they are super clear and really helpful
Thank you very much! It was very clear. I am looking forward to more videos on Contract Law
you probably dont care at all but does anyone know a tool to get back into an instagram account?
I stupidly lost the account password. I love any tricks you can give me!
@@eliseotristen9833 ...Email or Google account-
Thank you from Bangladesh
I'm a bit late to the party here but as I am studying for my law Alevels in a few days, I just wanted to amend:
although Jones V Padavatton [1969] did hold an ICLR, the mother later appealed and was successful in arguing that there was in fact no ICLR as "the lack of formality regarding the agreement showed there was no intention", and thus Jones V Padavatton showed that it was purely a family agreement, with no contract.
Subbed. Great teacher.
Example of a domestic contract: Prenuptial Agreements?
Nice
Thank you for this video, very helpful for my contract module this year. Nice bookcase btw!
Thanks so much! Can't go wrong with IKEA ;)
@@marcuscleaver I like Adornos work, I can see you have one of his books. Any chance of a video on a postmodern critique of the law?
Fantastic like every time! I start my course next week and should watch these videos all together. I just have a question. In my assignments, they say that I need to use some ‘wider theories’. Do you know, by any chance, what do they mean by this and how can I answer that part? :)
That mostly means using the work of academics. Hopefully you will have access to research tools while on the course and can use these to improve your answers!
Hey Marcus, thanks for thee videos on contract law but can you make more on Duress and undue influence, Misrepresentation mistake and illegality, exclusion of liability.
I know I am asking for alot but ur videos really help so please do create videos on the above topics if you can. Thank you
All in good time, I promise!
Can you please do a video on Capacity to Contract
Your videos are so helpful and insightful but Why there is no more videos on contact law?
I'm working on them right now Irena!
May i ask what is specifically different between Simpkins v Pays and Wilson v Burnett which means that Simpkins was allowed their share of the money, but Wilson was not?
Do affidavits create a legal relationship when not rebutted? Tia
Do you offer a tutor service like on zoom calls that we can pay for?
Sadly not but there are loads of other great tutors out there!
Can emails form enforceable contracts? Great video btw!
They certainly can. It's important to keep records and email contracts will be much more common when there is a lockdown too.
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There's no Capacity to Contract