Intention to create legal relations: Difference between revisions
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But I never thought it would come to this.... | But I never thought it would come to this.... | ||
There is some debate on whether the intention to create legal relations is a separate ingredient in a legally binding contract, or really just an evaluative description of what all the other ingredients (offer, acceptance and consideration) add up to. | There is some debate on whether the intention to create legal relations is a separate ingredient in a legally binding contract, or really just an evaluative description of what all the other ingredients ([[offer]], [[acceptance]] and [[consideration]]) add up to. | ||
There is some judicial authority that the intention to create legal relations is a separate thing, but dammit, that legal authority, however [[Doctrine of precedent|binding]] it might be, is wrong. As the maxim has it, ''[[anus matronae parvae malas leges faciunt]]''. | There is some judicial authority that the intention to create legal relations is a separate thing, but dammit, that legal authority, however [[Doctrine of precedent|binding]] it might be, is wrong. | ||
As the maxim has it, ''[[anus matronae parvae malas leges faciunt]]''. | |||
This is a [[Jolly contrarian|contrarian]] view, by the way. The clue is in the url. | |||
{{contractformation}} | {{contractformation}} |
Revision as of 17:43, 4 April 2018
But I never thought it would come to this....
There is some debate on whether the intention to create legal relations is a separate ingredient in a legally binding contract, or really just an evaluative description of what all the other ingredients (offer, acceptance and consideration) add up to.
There is some judicial authority that the intention to create legal relations is a separate thing, but dammit, that legal authority, however binding it might be, is wrong.
As the maxim has it, anus matronae parvae malas leges faciunt.
This is a contrarian view, by the way. The clue is in the url.