Intent to Create Legal

Intent to Create Legal - Intention to Create Legal...

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Intention to Create Legal Relations (Mugger Notes) 1. General It has been argued that intention is a concept foreign to Common Law, imported from Roman Law on Continental Europe, and that is superfluous since the presence of Consideration naturally implies intention. However, it is possible for situations to arise where Consideration exists without intention to create Legal Relations, eg. where A and B decide to lunch together and A promises to pay for the food if B pays for the drink (promise for an act – unilateral contract) 2 classes of cases exist where a contract is denied because of lack of intention. 2. Social and Domestic Arrangements Historically, domestic arrangements between husband and wife were not contractually binding. Balfour v Balfour (1919) 2 KB 571 (CA, England) (Phang 201) Facts : Wife alleged that while the couple was on leave back in England, and it became clear that she was too ill to follow him back to Ceylon where his job was, her husband had promised to pay her £30 a month in maintenance during the time that they were forced to live apart. Held : CA held that no legal relations had been contemplated and the wife’s action must fail. Atkin LJ said: “… One of the most usual forms of agreement which does not constitute a contract appears to me to be the arrangements which are made between husband and wife … To my mind those agreements, or many of them, do not result in contract at all … even though there may be what as between other parties would constitute consideration … They are not contracts because the
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Intent to Create Legal - Intention to Create Legal...

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