It is established that negotiations which meet the requirements of offer, acceptance and consideration may fail to be enforceable at common law as a contract because it is said there was an absence of legal intent.
Clarke Contract Law in Ireland 6th Ed (2008)Pg 96
Critically discuss the areas where the law assumes an intention to create legal relations AND where the law does not presume that there is an intention to create legal relations
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Contract Law in Ireland
In his descriptive book, Contract Law in Ireland 2008 Robert Clark provides readers with a comprehensive review of contract law in Ireland. To capture readers’ attention, the author emphasizes more on the recent developments made in relation to the law, contract agreement, and insurance laws. The research presents a detailed account of various areas where the law assumes an intention to create legal relations and other instances where the law fails to presume that there is an intention to create relation.
To begin with, Chen-Wishart (2005, p22) argues that intention to create a legal intention is also defined as intent to enter into a legally binding contract or agreement. This also refers to an intention to be staid about the significance of the agreement. With this definition in mind, the question that bothers many people is which areas does the law assumes the intent to create legal relations. As Mckendrick (2007, p11) puts it, the necessity of intention to create legal relations is to eradicate cases that are not suitable for court action. With this requirement in mind, it is obvious that not every contract or agreement becomes a binding contract that can be implemented in the court. For instance, an individual may have an agreement to go for lunch with her friend. In this case, one has a moral or ethical duty to abide by the agreement but not a legal duty…..
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