Doctrine of Intention to Create Legal Relations

"In cases where the issue is litigated, it seems likely that one party intended a legal agreement and the other wanted the agreement to be merely morally binding. This contradiction removes any possibility of justifying the limits of contracts on the basis of the joint intent of the parties. We are forced to the conclusion that the courts must rely on hidden policy considerations when determining the intentions of the parties" [Collins, H (2003) The Law of Contract pp.104-105] Critically assess the doctrine of intention to create legal relations in the light of the above statement and relevant legal developments. An intention to create legal relations is vital in creating a valid contract as it ensures that both parties are willing to be bound by the terms of their agreement.1 There are four essential elements every contract must contain, those being an offer, an acceptance which coincides exactly with that offer, consideration, and an intention to plead legal relations. However in the case stipulated above the two parties' intentions are clearly different, therefore the courts are forced to determine the intentions of the parties through an objective approach, and as Collins suggests above, by relying on hidden policy considerations. In this essay I will be addressing the various aspects of the doctrine of intention to create legal relations, and ways in which the law

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  • Level: University Degree
  • Subject: Law
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This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005[1] and February 14, 2005

Table of Contents . Introduction 2 .2. Choice of Law 2 .3. Timeline 3 2. Formation of Company 4 2.1. Recommendation for A&B 6 3. Agreement between A&B and DF 7 3.1 Outline of Possible Agreements 8 3.1.1 Employment Contract 9 3.1.2 License Agreement 10 3.2. Recommendation of Agreement 11 4. The Events taking place between February 1 and February 14 12 4.1. Recourse against Designers 12 4.1.1. A&B purchases the design 12 4.1.2. DF are employees of A&B 14 4.2. Birgitte's Liability 15 4.3. Injured Costumer 17 4.3.1 Insurance 20 4.4. Assumptions made for 4.5, 4.6 & 4.7 21 4.5. A&B's Obligations towards the buyers 21 4.6. Price of T-shirts claimed on February 15 23 4.7. Discount for students ordering after Midnight 25 5. List of references 28 Appendix A 29 . Introduction This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 20051 and February 14, 2005. We have not found it necessary to introduce the actual case further in this introduction, since all incidents will be covered within the respective parts of the paper. However, we will briefly cover two main issues as these are considered fundamental for the subsequent discussion: 1) Choice of Law and 2) Timeline of occurring incidents. The first part of the

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  • Level: University Degree
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The Law of International Trade

The Law of International Trade Whether by virtue of owning the ship or operating the ship, as a carrier, you take on an enormous amount of responsibility. Whether you like it or not, your duties are not just those expressly set out in your charter-parties and your bill of lading. The jurisdictions in which you operate or subject your contract to also impose various obligations on you by implication and by statue. Some of these laws may actually take away the protections you have given yourself, under your contract of affreightment. This often results in the carrier being exposed to liabilities well beyond what he may have envisioned when he signed off on the charter-party or the bill of lading. Given this, knowledge of what are the commonly implied duties of a carrier under common law and conventions such as the Hague, Hague-Visby rules and to a lesser extent, the Marine Insurance Act and Institute Cargo Clauses would stand the carrier in good stead in anticipating and fulfilling their obligations. The Obligation as to seaworthiness All contracts of a affreightment carry an implied obligation that the carrier will provide a seaworthy vessel unless agreed expressly to the contrary. A seaworthy vessel is one that is "fit to undergo the perils of the sea and other incidental risks to which of necessity she must be exposed in the course of the voyage" (Filed J. in

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  • Level: University Degree
  • Subject: Law
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Law of the work Place - Unfair dismissal

Gordon Douglas 03008534 Law of the work Place Module No. LW22035 Lecturer. Leslie Milliken Unfair Dismissal Essay Before looking at the implications implied terms can have on a contract of employment and looking at the power implied terms gives to judges when interpreting such contracts, it is important to first find out if a person is under a contract of employment and to ascertain if this contract is legal in a court of law. In defining a contract, Jenks' Digest of English Level Law 2.1 states that a contract is "an agreement which creates, or is intended to create, a legal obligation between the parties to it"1. Contracts of employment can be written or spoken, there are no particular formalities required. There are however exceptions to this general rule under the Requirements of Writing (Scotland) Act 1995. A written document is required for the creation, variation or extinction of an interest in land, gratuitous unilateral obligations (unless undertaken in the course of business) and the creation of trust where a person declares himself to be sole trustee of his own property2. A contract, whether written or spoken, contains three essential elements; agreement about the same thing, at least two contractual parties and 'legal' obligations. An agreement is not a legally enforceable contract unless all three of these elements are present. Once the parties have

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  • Level: University Degree
  • Subject: Law
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Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts?

Do the courts always rigorously apply the established rules of offer and acceptance governing the formation of contracts? The established rules of offer and acceptance, that an agreement requires the identification of a valid communicated acceptance to the communicated offer, has been challenged in recent years. Judgments by Lord Denning in Gibson v Manchester City Council1 and Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd2 challenged this traditional view, as have judgments which have accepted silent acceptances. However, these are very much exceptions to the rule as courts still apply the established rules of offer and acceptance in the vast majority of cases. Courts are keen to apply the traditional approach as shown by their application to transactions in which offer and acceptance is difficult to identify. Courts do rigorously apply the established rules of offer and acceptance, despite the attempts by Lord Denning to introduce a new general approach to the issue of agreement. Although there are contentious cases, such as Gibson v Manchester City Council, Lord Denning's judgment was in the end overturned in the House of Lords, who held that no contract had been concluded as the correspondence was simply an expression of willingness to enter into negotiations for the sale. Lord Diplock in the House of Lords stated that, although there may be certain

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Promissory Estoppel

TABLE OF CONTENTS TABLE OF CASES X QUESTION 1 THE UNITED KINGDOM 1 INTRODUCTION 1 EFFECTS OF HIGH TREES'S PROMISSORY ESTOPPEL 1 THE LIMITATION OF PROMISSORY ESTOPPEL IN ENGLISH LAW 1 AUSTRALIA 1 EQUITABLE ESTOPPEL IN AUSTRALIA 1 THE UNITED STATES OF AMERICA 1 PROMISSORY ESTOPPEL IN THE UNITED STATES OF AMERICA 1 THE REMEDIES AND SHORTCOMINGS OF ESTOPPEL 1 IN SHORT 1 BIBLIOGRAPHY 1 TABLE OF CASES Allegheny College v National Chautauqua Bank, (1927) 159 NE 173 12 Baird Textile Holdings Ltd v Marks & Spencer plc, [2001] EWCA Civ 274; [2002] 1 All ER (Comm) 737 5 Central London Property Ltd v. High Trees House Ltd, [1947] KB 130 2, 3, 4, 6, 8 Combe v Combe, [1951] 2 KB 215 4 Commonwealth v Verwayen, (1990) 170 CLR 394 11 D & C Builders v Rees, [1966] 2 QB 617; [1965] 3 All ER 837 5 Hughes v Metropolitan Railway, (1877) 2 App Cas 439 6 James Baird & Co v Gimble Bros, 64 F 2d 344 (2d Cir. 1933) 13 Jorden v Money, (1990) 170 CLR 394 11 Legione v Hately, (1983) 152 CLR 406 8 The Post Chaser, [1981] 2 Lyod's Rep 695; [1982] All ER 19 5 Walton Stores (Interstate) Pty. Ltd. v. Maher, (1988) 62 A.L.J.R. 110 8, 9 Woodhouse AC Israel Cocoa SA v Nigerian Produce Marketing Co Ltd, [1972] AC 741 6 QUESTION "In each case the court held the promise to be binding on the party making it, even though under the old common law it might be difficult to find

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  • Level: University Degree
  • Subject: Law
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Contract Law - "The decision of the Court in Williams v Roffey Bros. [(1991) 1 QB 1, Court of Appeal].

Contract Law. First assessed essay. "The decision of the Court in Williams v Roffey Bros. [(1991) 1 QB 1, Court of Appeal] which suggests that performance of an existing (contractual) duty can constitute consideration where it results in 'practical benefit' to the promisor creates further ambiguity in the scope of consideration in English contract law." Discuss. Consideration is the essential part of the contract that comprises a legal agreement. English law requires that in all contracts other than those by deed both parties have to bring something to the agreement i.e. provide consideration to the bargain according to the "benefit - detriment" scheme. This aspect is explained by Sir Fredrick Pollock's definition in Dunlop v. Selfridge1: "An act of forbearance of one party, or the promise thereof, is the price for which the promise of the other is brought, and the promise thus given for value is enforceable." One of the fundamental judicial rules relating to it is that the performance of already existing contractual duty owed to the promisor is not sufficient consideration (based on Stilk v. Myrick2). However, in Williams v. Roffey Bros.3, quite unusual interpretation was expounded by the Appeal Court judges, putting thereby the classical doctrine of consideration under strain. It was held that where a party (Roffey Bros.) to an existing contract later agrees to pay an

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  • Level: University Degree
  • Subject: Law
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Discuss the development of doctrine of frustration regard to the law of contact

The general rule of contract law before 1863 was absolute contractual responsibility is bound by the parties once the contract is made and there would be no excuse for non-performance. This absolute contract rule was founded by the judges in Paradine v. Jane1 where a tenant was sued for the rent due and pleaded that he was held out of possession of the premises due to the invasion of the enemy. He claim that the rent was not due as he was deprived from the lease. The court held that he is obliged to perform his duty. "When the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. And therefore if the lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, yet he ought to repair it."2 This doctrine works well on reasonable and ordinary situation however it poses problems under supervening events which changes the situation drastically. The doctrine of frustration was introduced in Taylor v. Caldwell3 as the exception of the existing law to reconcile the situation where justice demands. It was stated by Blackburn J. "in contract in which performance depends on the continued existence of the given person or thing, a condition is implied that the impossibility of performance

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  • Level: University Degree
  • Subject: Law
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Exclamation clause relating common law

SECTION A: TO BE COMPLETED BY STUDENT * This assignment cover sheet needs to be included with each assignment. Please complete all details clearly. * If you are submitting your assignment on paper, please staple this sheet to the front of each assignment. * If you are submitting your assignment online, please ensure this cover sheet is included in front your assignment. * Please check your study guide for assignment submission deadline and information. Family Name DOAN Given Names THAI BAO NGOC (GEM) Program/Intake & your program manager DIP13B/ INTAKE 13/ SANDY CHOW Student No. DIPBA1321 Module/Course/Unit DIP13B/ BUSINESS LAW Lecturer MR. ROBIN PETER LANGE Assignment No. Assignment Due Date 6th of December 2009 DECLARATION: I hereby declare that the attached assignment is my own work. I understand that if I am suspected of plagiarism or another form of cheating, my work will be referred to the Academic Review Committee/Registrar, which may result in me being expelled from the program. Signature Submission Date 6th December 2009 EXEMPTION CLAUSES RELATING COMMON LAW NAME: DOAN THAI BAO NGOC (GEM) CLASS: DIP BA/INTAKE 13TH SUBJECT: BUSINESS LAW LECTURER: MR. ROBIN PETER LANGE QUESTION 1 Discussion of Exemption Clauses Relating To The Common Law Common law can be seen as cases between parties who might involve in expressing terms of contract

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  • Subject: Law
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Consideration - a Necessary Element of Australian Contract Law

CONSIDERATION - A NECESSARY ELEMENT OF AUSTRALIAN CONTRACT LAW Introduction Consideration is a key element of Australian contract law. Critics have argued that some of the requirements which consideration imposes on contracting parties can bring about injustice, and that reform is necessary. Examination of the role consideration plays in contract law, however, shows that reform is likely to be socially and economically detrimental, and that a more appropriate response is to address injustice through legislation. What is consideration and what role does it play in Australian contract law? Consideration requires that both parties to a contract to either do something or promise to do something with the intention of creating a legally binding contract.1 Confirmation of consideration is essential.2 There are two types of consideration. Executory consideration (or a bilateral contract) involves the exchanging of mutual promises.3 Executed consideration is a contract in which performance of an act constitutes acceptance (a unilateral contract.)4 Consideration must fulfil two main requirements. Firstly, a 'quid pro quo' exchange must take place.5 This ensures a clear distinction between a bargain and a conditional gift.6 Consideration must also involve a detriment to the promisee of a benefit to the promisor.7 There will be no bargain if an exemption clause excludes the

  • Word count: 2233
  • Level: University Degree
  • Subject: Law
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