Monday, January 6, 2020

Relevance Of Legal Intention Of Contracts - 1258 Words

RELEVANCE OF LEGAL INTENTION IN CONTRACTS INTRODUCTION: The main contention of the case is revolving around the legal intention and social agreement and the interconnection between them. Kailash and Samar are good friends. Kailash wants to watch a movie and have dinner at a famous joint. He accordingly requests Samar to give him company. Samar agrees and promises to meet Kailash at 6:00 pm sharp. However at 5:30 Samar decides not to go and accordingly informs Kailash. Kailash is upset. Also it is to be adjudged whether there was legally enforceable contract or not between Kailash and Samar based on the legal intention in domestic agreement. ISSUES: †¢ Whether there was legal intention to form a contract? †¢ Whether there was a valid consideration between Kailash and Samar? †¢ Whether the promise between Kailash and Samar constitutes a contract? ARGUMENTS FOR PLAINTIFF: The contract between the plaintiff and the defendant here is a valid contract as per the offer and acceptance rule. As per the Indian contracts act, 1872 when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a promise . In this case Kailash made an offer to Samar and Samar by accepting his offer signified his assent and the said proposal became a promise. The parties are said to consent when they agree upon the same thing in the same sense i.e. consensus ad idem .In the case Mohd. Abdul Hakeem per Lrs. v Naiyaz Ahmed andShow MoreRelatedThe Role Of Law In The Common Law1247 Words   |  5 Pagesform a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth century, another requirement concerning the existence of an intention to create legal relations was added . 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