Intention to create legal relations

The Jolly Contrarian’s Glossary The snippy guide to financial services lingo.™ →Go uptown Index — Click the ᐅ to expand: Glossary Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

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.

Express contracts': Their worshipful honours have held that in an “express” contract or an “ordinary commercial transaction”, the burden of proof is on she who alleges the absence of an intention (but really? if, in actually signing a legal agreement, you did not intend to create legal relations, then what on earth did you think you were doing?)

Implied contracts: Where offer and acceptance of a contract can only be implied from conduct, then there are authorities that the person alleging the contract has the burden of proof. But this seems to be no more than a burden of proving offer and acceptance in the first place.

so while 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.

See also

• offer
• acceptance
• consideration
• conditions precedent
• intention to create legal relations