This essay will firstly provide a presentation of the doctrine of intention to create legal relations. In a second step I will try to verify the statement made by Collins in connection with the courts’ task to find out what the parties’ intentions are. Current developments will be examined.
Table of Contents
- A. Introduction
- B. The doctrine of intention to create legal relations
- C. Hidden Policy Considerations?
- 1. Floodgates
- 2. De minimis non curat lex
- 3. Protecting social relationships
Objectives and Key Themes
This essay presents the doctrine of intention to create legal relations in contract law. It examines the statement made by Collins regarding the courts' role in determining parties' intentions, exploring current developments. The essay also discusses the practical and policy considerations that influence the courts' approach to the doctrine.
- The role of intention to create legal relations in contract law
- The development of the doctrine and its origins in landmark cases
- The impact of presumptions for domestic and commercial agreements
- The policy considerations underlying the doctrine
- The critical analysis of the doctrine's application
Chapter Summaries
The first chapter introduces the doctrine of intention to create legal relations and outlines the essay's scope. It discusses the doctrine's development, citing key cases like Carlill v Carbolic Smoke Ball Company and Balfour v Balfour.
The second chapter focuses on the doctrine's core principle, which centers on whether parties intended to be legally bound by a contract. It discusses the distinction between domestic and commercial agreements and the presumption that legal relations are intended in commercial transactions.
The third chapter delves into the practical considerations that influence the courts' approach to the doctrine. It analyzes arguments related to floodgates, de minimis non curat lex, and protecting social relationships, providing examples from case law.
Keywords
This essay explores the doctrine of intention to create legal relations, analyzing its development, application, and underlying policy considerations. Key terms include contract law, intention to create legal relations, presumptions, domestic agreements, commercial transactions, floodgates, de minimis non curat lex, and protecting social relationships.
- Quote paper
- Philipp Hujo (Author), 2005, The doctrine of 'intention to create legal relations', Munich, GRIN Verlag, https://www.grin.com/document/109929
