Balfour Vs Bafour Case Study

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In common law, There are four elements for forming a binding contract, namely, the intention to create legal relationship, offer and acceptance and consideration. The functions of the elements sometimes overlapping with respect to the relevant definitions, I am of the opinion that intention should be the most important element among the four of them.
Although minority of academics might argue that “intention is the least important contractual element since consideration is a token of the intention to be bound,” (Contract law in Hong Kong, Fisher) one might consider it oppositely by rising that “without the element of intention, the court would be opened to lots of case where consideration is can be identified.” (Contract law in Hong Kong, Fisher)
First of all, the importance of intention to create legal relationship is highlighted in the ratio decidendi of case Balfour v Balfour. Generally, there are two presumptions at law for intention to create legal relationship. The presumption for commercial matters is that the parties having the intention to create legal relationship and that in social and domestic matters, the parties are presumed having no intention to create legal relationship. The presumption is strong but rebuttable by strong evidence. Thus, the test for determine the
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Atkin J states that “arrangement made between husband and wife appears to me to be one of the most usual forms of agreement which does not constitute consideration for the agreement….arrangement such as allowances…..those agreements do not result in contract at all even through there may be what as between other parties would constitute consideration for the agreement.” (Balfour v. Balfour,1919) By looking at this statement, Atkin upholds the importance of intention over
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