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Element of Law

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Element of Law
(a) The purposes of the presumptions under the intention to create legal relations are blurred the litigants. Evaluate the above statement. Intention to create legal relations is part of elements in contract (“Intention”, n.d.). Intention to create legal relations is defined as an intention to enter a legally binding agreement or contract (“Intention”, n.d.). Intention to create legal relations is one of the necessary elements in formation of a contract. This is because intention to create legal relations consists of readiness of a party to accept the legal sequences of having entered into an agreement (“Intention”, n.d.). Intention to create legal relations is a motion of every contracting party must have the necessary intention to enter into a legally binding contract (“Intention”, n.d.). Intention to create legal relations also means an intention to be serious about agreement significance(“Intention”, n.d.). There are a few concept of intention to create legal relations. Firstly, the contracting parties mind will be obvious to enter a serious contract. When two parties decided to enter in the environment of a contract, their mind will understand the contents of the contracts (“Intention”, n.d.). This is due to their ‘intention ' to be consenting mind which both of the parties have to agree (“Intention”, n.d.). If there is no agreement by both of the parties, it may make the contact being a void agreement (“Intention”, n.d.). Thus, both of the contracting parties will enable to be serious into the contract (“Intention”, n.d.). Secondly, if there is no intention to create legal relations, the contract would not be enforceable, legal and binding. Intention to create a legal relation is one of the essential elements of contract. So, if there is no intention to create a legal relation, the contract can be assumed as a not legal (“Intention”, n.d.). Due to that, the contract may not being enforceable because there is no intention to create legal


References: Contact law: Intention to create legal relations. (n.d.). Retrieved from http://quizlet.com/11733058/contract-law-intention-to-create-legal-relations-flash-cards/ Duty of care. (March, 2006). Retrieved from http://ww2.rch.org.au/emplibrary/ecconnections/CCH_P_March_2006_English.pdf Intention to create legal relations. (n.d.). Retrieved from http://www.lawteacher.net/contract-law/essays/intention-to-create-legal-relations.php Proving fault: What is negligence? (n.d.). Retrieved from http://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html#sthash.f2CtR3vB.dpuf
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