Doctrine of Intention in the Law of Courts

1204 WordsJun 4, 20125 Pages
DOCTRINE OF INTENTION IN THE LAW OF COURTS A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. When we look to see if a valid contract has been formed we look at the formation of the contract i.e. offer, acceptance, consideration and Intention to create legal relationships. This is an integral part of contract law. In England and most civil law countries existence of a contract depends on a theory that parties intend to be legally bound. The rule dates back to 1919’s where the court dismissed that a husband can be enforced to pay a fixed amount of sum he promised his wife. The doctrine of intention focuses primarily on whether both parties intend to be legally…show more content…
Presumption can be seen in action in the case of (Esso Petroleum Ltd V Commissioners Of Custom & Excise) where substantial and concrete evidence is required to rebut presumption in commercial agreements. Presumption can be contradicted by an express term which clearly shows that parties do not intend to have legal relations e.g. “Subject to contract” and honour clauses as seen in the case of Rose and Franck Co V H R Crompton and Bros It can be said that intention to create legal relations was used as a tool by courts so that they can differentiate between the commercial agreements that courts supported had some sort of bargain , something for something and the social and domestic agreements did not. Due to courts discretion in such agreements intention can be a difficult doctrine to anticipate. Over the passing years society has changed a lot in attitude and that has led courts to change their approach towards this firm

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