The Rules Of Law Must Be Prepared

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The rules of law must be prepared to justify themselves against criticism and therefore it seems appropriate to consider the rules which under the common law prescripts what are the essential requirement by which it is determined whether an agreement can be legally obliged. It appears whether an approach can be adopted by the Court is when there is a seriousness intention to enter into such obligations which is enforceable at law. Of course, if there is no incapacity or impossibility in circumstances where it seems to hold that intention of parties should be given effect then the lawful intentions of the interested parties should be enforced. There must be what it is called consideration, which is the only test of intention of the promisor…show more content…
Another possible 'alternative doctrine ' is promissory estoppel; see [111]. ] Acknowledging the impossibility to enforce all promises, it is stated that the crux of contractual relationships should be seriously intended if there is intention of the parties to create a legal relationship. Nevertheless, the idea is that consideration needs to perform efficient indication of a promise has been evidentiary made and that the promisor understood the binding effect of making it. But it is a mistake to confine the consideration in the role of an oral promise where there is a difficulty to prove. For example, a promise can be made in front of a witness or in writing when such promise is serious, however, it cannot be enforced if there is a change of mind as in contract law, a promisor can do so unless the promisee has promised to provide a reciprocal inducement for the promise. Therefore, the absence of consideration does not normally indicate a promise has been made careless or unintended. The concept that it is sufficient to justify its enforcement when an undertaking has been serious made as a definition of contract law, is completely wrong but the ultimate reference to the parties’ serious intentions. There would be no legal system can enforce all promises and it certainly does not provide guidance as to which promises
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