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Friday, April 12, 2013

Legal relation

Introduction

Contract is a set of promises or agreement enforced by law. It is based upon the agreement of the parties. To reach an agreement between parties, it is authoritative for the two parties to switch a common intention and good will for both. However, intention is a subjective understanding of the parties minds whereas the parties can have different intention.

The statement: In cases where the issue is litigated, it seems likely that one troupe intended ...... by Collins, H(2003) states that when contradiction between parties occurs, it is forced to the remainder that the courts must rely on hidden policy considerations when find out the intentions of the parties.

It is important to look at how the law determines the intentions to create reasoned relation of the two parties which is policy consideration.

Formation of take away

There are 4 elements in contract, which are offer, acceptance, consideration and intention to create heavy relation.

Importance of creating legal relation

To make a contract to be law unspoilty enforceable, it is critical to create legal relation. The aim is to protect both parties by legal means when the contract is breached. The intention of the parties must be ascertained from the language they have used in the contract, considered the skirt circumstances and the object of the contract.

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It could be said that the law of contract ought not to intervene in domestic situation because the courts would be swamped to due with domestic disputes. Therefore it depends mostly on the legal relations in the contract. The Scottish Law Commission has say (1977) that

it is, in general, right that courts should not enforce entirely sociable engagements, such as arrangements to play squash or to arrive to dinner, even though the parties themselves may intend to be legally bound thereby.

In case of...

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