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
“You want the messey agreement, you do know what that means”. The movie Intolerable Cruelty brings to light the messay agreement which is a prenuptial agreement which cannot be broken, it is said to be “ironclad”. In this prenuptial agreement whatever possessions that the couple bring into the marriage, will be return to them if the marriage is dissolved. Also, any earnings made during the marriage will be given to the person who earned it. No one can profit from the marriage.
CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach. CNN News also reports that the video has Eric crying repeatedly that he could not breathe until his last gasp. Evidence and Applicable Laws Julie Bolcer, a representative of the NY medical examiner 's office confirmed that the cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.
However, neither of them knew the full details behind the forms and both thought they were agreeing to something
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Instead, the court found that the couple enter into to an implied agreement, based on Hargrave’s testimony. On cross eximination, Hargrave testified that there was never an agreement between her and Duval to be married. Her testimony showed that no specific time existed when the couple mutually agreed, or decleared their intent to be married. The courl ruled that for a Common Law marriage to be valid a couple must show more than an implicit agreement to be married. Hargrave v. Duval-Couetil, 777 N.W.2d 380 (South Dakota 2010).
Sauvé v Canada (Chief Electoral Officer) (2002) Plaintiff - Richard Sauvé Defendant - Attorney General of Canada, Chief Electoral Officer of Canada & the Solicitor General of Canada FACTS The Plaintiff: Richard Sauvé is a former member of the biker gang ‘Satan’s Choice’. In 1975, Sauvé was sentenced to 25 years in federal prison for the murder of an opposing gang member. In 1993, Sauvé started a long journey fighting an injustice that denied all inmates the right to vote.
for Unilateral offer and Bilateral offer. 1. Advertisements for unilateral offer – Offer to the public at large Offers can be addressed to the general public and are accepted when the offer is acted upon a member of the general public. An important exception to the general rule that advertisements are merely invitations to treat is where there is an offer in relation to a unilateral offer contained in an advert i.e. where the offeror makes a promise in return for an act. Ali’s advertisement is considered as a unilateral offer since the contract is based on being automatically accepted without the need for negotiations as he states in the advert.
Secondly, [...]; and thirdly.” Expressing three reasons for marriage was intended to strengthen Mr. Collins proposal. However, Elizabeth found no value in any of the justifications collins illustrated. Therefore, the rule of three was an ineffective technique that hindered Mr. Collins
By saying this, the authors show they have tried to set agreed terms with
This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete. The supporting justification to this rule is that since the parties to the contract have signed a final written contract, the extrinsic evidence of the terms and agreements held before should not be taken into consideration while construing the contract, as the contracting parties had already excluded them from the contract. In simple words, one may follow this common law rule to avoid any contradiction with the written contract.
I have chosen cases Gideon v. Wainwright and Miranda v. Arizona Podcast to expand on. In the case Gideon v. Wainwright, Clarance Earl Gideon was a man that didn’t have a very long education, he went until eighth grade and then ran away from home while in middle school. All of his early adult life he spent going in and out of prisons for crimes that weren’t even considered violent. Clarance was then accused of breaking and entering, stealing money out of the vending machines in Panama City, Florida. In his trial, Mr. Gideon requested that an attorney be appointed to him seeing as he could not afford one, the judge of his trial then told him attorneys only get provided for those whose cases would result in the death penalty if they were to be
Over time arranged marriages have changed. It not looked at as an obligatory action that needs to take place, but it is seen as an event that occurs for the happiness of the individuals
Should the Postal Rule be Abolished? Contract law is a form of the law which focuses on agreements made between two or more parties. Contracts can be made in an informal manner and can also be made formally. Most people would recognise a contract to be a formal written document which states the conditions, warranties and description of an offer being made. However, that is not always the case.
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Contracts can be made very widely from a written document to a verbal promise. There are some different types of contract. Mainly, it is distinguished to five groups, i) Oral and Written contract ii) Bilateral and Unilateral contracts iii) Express and Implied contracts iv) Void and Voidable contracts v) Distance selling contracts All these contracts have different features and impacts.