10306220 Okine Maaziezilia Ayele Contr
Area of law: Intention to create legal relations.
Intention to create legal relations revolves around the fact that parties to a contract must intend that the contract is enforceable in order to distinguish it from other day to day relationships. The Common law recognizes this element as an independent element without which a contract cannot be concluded.
The legal issues in this case are:
1. Whether Mr. Patrick’s dinner invitation constituted an offer?
2. Whether Mr. David’s promise to attend constituted an acceptance?
3. Whether there was an intention by both parties to create legal relations?
4. Whether there is a contract is legally enforceable?
The first issue is whether Mr. Patrick’s dinner invitation constituted an offer. An offer is defined as a statement or conduct indicating a willingness to contact on terms stated which can reasonably be inferred from conduct and made with the intention that it will be binding as soon as soon it is accepted. In the case of NTHC Ltd v. Antwi it was stressed that for there to be an offer the offeror must be prepared to be bound by the terms expressed in the offer once the offeree accepted.. In this case Mr. Patrick asking Mr. David to join him for dinner and his promise to serve Mr. David’s favorite dish constitute an offer. Mr. Patrick stated clearly the terms of the offer and there was finality to it. Mr. Patrick’s words and action indicate that he was prepared to be bound by the contract if Mr. David accepted it.
The second issue has to do with whether Mr. David accepted the offer. An acceptance is the final and unqualified expression of assent to the terms of an offer. This was decided in the case of Hyde v Wrench. It could be expressed by words, conduct or in writing. In this case by Mr. David’s firm promise to honor the invitation and be there at 7pm constitute he had accepted to Mr. Patrick’s invitation and all the terms.
The third issue involves whether there was an intention by both to create legal relations.
Intention to create legal relations revolves around the fact that parties to a contract must intend that the contract is enforceable in order to distinguish it from other day to day relationships. The Common law recognizes this element as an independent element without which a contract cannot be concluded.
The legal issues in this case are:
1. Whether Mr. Patrick’s dinner invitation constituted an offer?
2. Whether Mr. David’s promise to attend constituted an acceptance?
3. Whether there was an intention by both parties to create legal relations?
4. Whether there is a contract is legally enforceable?
The first issue is whether Mr. Patrick’s dinner invitation constituted an offer. An offer is defined as a statement or conduct indicating a willingness to contact on terms stated which can reasonably be inferred from conduct and made with the intention that it will be binding as soon as soon it is accepted. In the case of NTHC Ltd v. Antwi it was stressed that for there to be an offer the offeror must be prepared to be bound by the terms expressed in the offer once the offeree accepted.. In this case Mr. Patrick asking Mr. David to join him for dinner and his promise to serve Mr. David’s favorite dish constitute an offer. Mr. Patrick stated clearly the terms of the offer and there was finality to it. Mr. Patrick’s words and action indicate that he was prepared to be bound by the contract if Mr. David accepted it.
The second issue has to do with whether Mr. David accepted the offer. An acceptance is the final and unqualified expression of assent to the terms of an offer. This was decided in the case of Hyde v Wrench. It could be expressed by words, conduct or in writing. In this case by Mr. David’s firm promise to honor the invitation and be there at 7pm constitute he had accepted to Mr. Patrick’s invitation and all the terms.
The third issue involves whether there was an intention by both to create legal relations.