Intention to create legal relations: Difference between revisions

Intention to create legal relations (view source)

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 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<ref>{{cite|Edwards|Skyways|1964|1WLR|349}}</ref> 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?)
+'''Express {{tag|contract}}s''': Their worshipful honours have held<ref>{{cite|Edwards|Skyways|1964|1WLR|349}}</ref> 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<ref>{{cite1|The Aramis|1989|1Lloyd’sRep|213}}</ref> 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.