- 10 Marks
BL – Nov 2020 – L1 – SB – Q3a – Law of Contract
Discuss how courts assess intent to create legal relations and advise on breach in social and commercial contexts.
Question
i. A contract may be enforced if the parties have an intention to enter into a legally enforceable agreement.
Required:
Explain ONE way by which the courts determine whether or not the parties to an agreement have an intention to create legal relations.
ii. Case Scenario:
‘A’ and ‘B’ entered into an agreement to meet at a gym for their daily physical fitness exercises. ‘B’ forgot about the agreement and kept ‘A’ waiting endlessly. ‘A’ is furious and intends to sue ‘B’ for breach of agreement.
Required:
Advise ‘A’, stating the legal issue involved.
iii. Case Scenario:
‘A’ is a dealer in textile materials. He sold ten bales of textile materials to ‘B,’ his childhood friend. ‘B’ has refused to pay for the ten bales of materials, arguing that he is a friend of ‘A.’
Required:
Advise ‘A,’ who intends to sue ‘B,’ stating the legal issue involved.
iv. Case Scenario:
‘A’ promised to attend a luncheon organized by ‘B.’ ‘B’ spent a lot of money to prepare for the luncheon. ‘A’ did not turn up as agreed. ‘B’ is aggrieved and intends to sue ‘A’ for the cost of the special dish.
Required:
Advise ‘B,’ stating the legal issues involved.
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