English Law of Contract and Restitution Assignment – Essay
Critically discuss the necessity of increasing the role of the doctrine of intention to create legal relations
This essay-based assignment. The word limit for your essay is 2,000 words (excluding references)
CRITICALLY DISCUSS THE NECESSITY OF INCREASING THE ROLE OF THE DOCTRINE OF INTENTION TO CREATE LEGAL RELATIONS
Table of Contents
2. 1 Creating legal relations
2.1.1 Statements on the basis of pre-contract
2.2 Doctrine of intention
2.3 Necessity of enhancing role of intention
The current essay sheds light on necessity of enhancing the role of doctrine for the purpose of establishing legal relations. Along with that, it demonstrates legal relations and doctrine of intention. It critically discusses statements on the basis of pre-contract by including puffs as well as representations and terms.
The requirements of Intention for the purpose of creating legal relations can constitute one of the important conditions of a contract in jurisdiction. English law requires presence of intension in order to create the contract for enforcing despite the existence of consideration for the certain contract. The requirements to prove intention in common law have been criticized and it requires prompt action by the judiciary and legislature1. It can be considered as pertinent in order to note the difference between common law countries such as UK and US. These common law countries require establishment of intention for the purpose of creating legal relations. Moreover, these countries require existence of consideration.
In the strongest argument regarding the intention to create legal relations, the doctrine of consideration exists. However, this argument can be considered as insufficient which can help to prove the redundancy of intention for creating the requirements of legal relations. On the contrary, the other argument related to the doctrine of consideration can be considered as unnecessary as the intention to create legal relations as well as legal enforceability exit2. It has been analyzed that this doctrine of consideration is enough to cover functions related to the tests of intention. Apart from these factors, it is necessary for contract law, thus it works better rather than intension test.
As per guidelines of Contract Law 1990, puffing is legal technique to conduct business process into an effective way due to ensuring consumers and tradesman about quality of raw materials and different ingredients3.
Under section 3.2 (a) of the following act describes that without describing quality and nature of ingredients and different raw materials on the packaging system, running business process can be considered as illegal way.
In the case Carlill v Carbolic Smoke Ball Co.  1 QB 256, court has announced in favor of plaintiff due to following illegal sales technique and mere puffs by Carbolic Company. Due to which, company has been forced to deposit of £1000 into bank account of Mrs. Carlill.
Article 2 and Article 3 of Contract Law 1990 clearly describes that without including statement regarding facts and Government legislations, contract can be considered as illegal one due to which it can be cancelled later. Under section 3.1 (b) of the following act points out that representation into contract paper ensures both parties regarding facts and legislations based on which legal process can be followed4.
Section 4 and Section 6 of values of Goods Act 1979 indicates mere puffs and representations both are considered as legal technique to enhance future value of goods. Along with that, Section 2 of the following Act describes that for the purpose of enhancing values of goods, sharing information regarding quality of ingredients is necessary as mentioned in contract paper5.
In case of Routledge v McKay  1 All ER 855, under Section 4.2 (a) of Values of Goods Act 1979 clearly figures out that written paper including purchasing date as well as warranty period and price is needed due to ensuring customers regarding best value of products.
Evidence rule of Parol ensures written paper at the time of contracting and enables buyer and seller to make written paper by including facts and related Government legislations for the purpose of avoiding conflict situation in future6.
In case of Henderson v. Arthur , 1KB 10 the plaintiff has claimed that, Arthur must consider late fine due to failing to pay room rent within specific time frame. On the other hand, the defendant has appealed in Court that verbally contract on the basis of paying money within specific time and late fine have been mentioned to Arthur7. Based on the merits of the case judge has announced that without considering written paper and describing information regarding late fine as well as due date, a contract can be considered as illegal one. Due to which, plaintiff has no right to create pressure on defendant for the purpose of paying late fine of room rent. Under Article 3.3 (a) and 1.2 (c) of Contract Law 1990 clearly describes written agreement regarding date and name of parties as well as description of subjects on the basis of Government legislations and acceptance8.
In case of J. Evans & Son (Portsmouth) Ltd v. Andrea Merzario Ltd  1 WLR 1078, facts are related to verbal and written agreement partly due to which final decision of Court has not gone in favor of single party9. This case has breached the Section 8 and Section 9.1(a) of Contract Law 1990 which clearly describes both parties have full freedom regarding purchasing and selling goods if there is written contract including Government legislations. Verbally the agreement has been done between both parties and written paper has been done on the basis of date of contract. By analyzing deeply of all arguments appealed by plaintiff and defendant, court has postponed final date of judgment due to having partly written and verbal contract.
Schawel v Reade  2 IR 81 is based on mere representation after making contract between two parties10. The plaintiff has claimed that after making contract, owner has no right to interfere into own properties. Court has announced final decision in favor of defendant due to having legal term and being mere representation by plaintiff. This is because, Under Section 3.3 (a) and (b) of Values of Goods Act 1979 clearly indicates owner of selling properties has full right to discuss with buyer after making contract due to having full knowledge regarding the way of maintaining significantly11.
In case of Bannerman v White (1861) 10 CB NS 844 issues have been created regarding lack of pre-contractual agreement and use of illegal technique12. Judge has stated final decision on the basis of breach of contract law.
Dick Bentley v Harold Smith  1 WLR 623 case is related to specialist knowledge13. Court has given final decision in favor of defendant on the basis of specialist knowledge. Under Section 1.1 and 1.2(a) of Contract Law 1990 indicates in case of having specialist knowledge and written paper, a contract can be considered as legal one.
Oscar Chess v Williams  1 WLR 370 is based on specialist knowledge due to which statement has been considered as term. Seller has shared wrong information regarding date of model and price due to which plaintiff has argued lack of specialist knowledge14. Court has stated the lack of specialist knowledge and considered statement as a term.
Different terms have been implied by Court and Statute such as principles of Sales of Goods Act 1979 and Supply of Goods and Services Act 1982. As per principles of Sales of Goods Act 1979, seller could consider sharing information thus; it ensures legal sales technique and avoids conflict between seller and buyer in future regarding value of goods.
Section 2 and Section 3 of Supply of Goods and Services Act 1982 indicates maintenance of written contract by including date and time as well as warranty date are essential for the purpose of maintaining legal services15. Section 1 of Consumer Rights Act 2015 clearly point that consumers have full freedom to raise own voice in case of facing illegal sales technique followed by sellers such as mixing bad quality ingredients into different goods16.
Intention is part of legal binding contract between two or more parties17. It has been identified that lack of presence of promissory commitment as well as intension are the key factors in the process of denying the liability of the authority. The failure towards the way to invoke was found as necessary further evidence. Thus intention can appear in order to replace consideration and for identifying consequences related to legal aspects. As an example, in case of Byrne v Australian Airlines Ltd; Frew v Australian Airlines Ltd (1995) 185 CLR 411, it has been seen that emphasis on intention exists rather than doctrine of consideration18. In this case, a promise has enshrined in an agreement. Though the court has asked for implying this promise into the contract paper, it is declined as there is no evidence related to legal relationship between the parties. The process of implied incorporation towards the contract regarding promise is not significant to provide business efficacy19. In the traditional forms, consideration can be regarded as unduly legalistic and it differs from intentions regarding both employees and management. Doctrine of Intention can pose a fundamental question regarding the theoretical aspects due to enforcement in modern employment cases.
Will theory can be mentioned in relation to the promise and commitment. The theoretical aspects can emphasis on the significance of subjective intention. The obligation related to subjective intention can help to understand that enforcement process of promise is justified morally. In relation to these factors, the formal commitment of the employers is able to supply a sound moral argument due to enforcing employment policies. The concern regarding the absence of consideration can be mentioned along with the example of the case, Lee v GEC Plessey Telecommunications  I.R.L.R. 38320. In this case, the promise of the employer in order to enhance payments for the servants was incorporated along with the reference into employment contract.
On the other hand, WANDSWORTH LONDON BOROUGH COUNCIL V D’SILVA AND ANOTHER: CA 9 DEC 1997 can be considered as a relevant case example based on doctrine of intention21. The court was asked for determining contractual status regarding policies. Due to lack of evidences on the conversation between the employers and employee, it decided that industrial practices can negate the contractual effects.
Representation is made for the purpose of including legal terms and guidelines on the basis of contract and time before contracting with two or more parties. In case of not including statement related to facts and current legal guidelines, a contract between two or more parties cannot be considered as legal one22. Making legal contract by signing on paper which includes date and time of contract as well as durability period of specific good and details description of contract is the key purpose of avoiding conflict between two or more parties in future23.
In relation to the legal factors, intention can be bound legally according to the promise for expecting legal redress. Strict regulations are able to limit the law of contract to support the value that can frustrate both expectation of the parties and legitimate intentions. It is important to enhance doctrine of intention as it can be considered as a source of communication to undertake an obligation. It is also essential to enforce promise as respect for others may help to determine own values24. Along with the help of doctrine of intentions, it can be entitled for undertaking binding obligations as per the requirements.
These factors can be considered as the variations of Will theory that can hold the contracts which are worthy of respect as these are expressions of intention as well as human will. The factors related to doctrine of intentions can help to support legal obligations. The intentions which are legally bound need to be ascertained from the conduct of both the parties related to the case. Most importantly, these aspects based on doctrine of intentions can help to create legal relations. Apart from traditional doctrine of consideration, doctrine of intention can help to support fundamental principles of contract law.
Thus, it can be concluded that representation is fully related to specific statement and also relates to current situation and significant matter of fact based on which a contract can be considered as legal one. Puffing is legal technique to conduct business process into an effective way due to ensuring consumers and tradesman about quality of raw materials.
1 Botetzagias, Iosif, Andora-Fani Dima, and Chrisovaladis Malesios. “Extending the theory of planned behavior in the context of recycling: The role of moral norms and of demographic predictors.” Resources, conservation and recycling (2015) 95 LQR 58,67.
2 Allen, Natalie J. “Organizational commitment in the military: A discussion of theory and practice.” Organizational Commitment in the Military. Psychology Press, (2017). 237,253
3 Contracts (Applicable Law) Act 1990 (Contracts Law, 1990) <https://www.legislation.gov.uk/ukpga/1990/36/contents> Accessed on 17February 2019
4Contracts (Applicable Law) Act 1990 (Contracts Law, 1990) <https://www.legislation.gov.uk/ukpga/1990/36/contents> Accessed on 17February 2019
5 Sale of Goods Act 1979 (Sales of Goods Act, 1979) <https://www.legislation.gov.uk/ukpga/1979/54> Accessed on 17February 2019
6 Fred Franke and Anna Katherine Moody. The Terms of the Trust: Extinsic Evidence of Settlor Intent  PL 55
7 Henderson v Arthur  1 KB 10 
8 Contracts (Applicable Law) Act 1990 (Contracts Law, 1990) <https://www.legislation.gov.uk/ukpga/1990/36/contents> Accessed on 17February 2019
9 J. Evans & Son (Portsmouth) Ltd v. Andrea Merzario Ltd  1 WLR 1078 
10 Schawel v Reade  2 IR 81 
11 Sale of Goods Act 1979 (Sales of Goods Act, 1979) <https://www.legislation.gov.uk/ukpga/1979/54> Accessed on 17February 2019
12 Bannerman v White (1861) 10 CB NS 844 
13 Dick Bentley v Harold Smith  1 WLR 623
14 Oscar Chess v Williams  1 WLR 370 
15 Supply of Goods and Services Act 1982 (Supply of Goods and Services Act, 1982) <https://www.legislation.gov.uk/ukpga/1982/29> Accessed on 17February 2019
16 Consumer Rights Act 2015 (Consumer Right Act, 2015) < http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf> Accessed on 17February 2019
17 Richard Jones and James Devenney: The modern Law of Contract (12th edn, Roultedge ) 538
18 Byrne v Australian Airlines Ltd; Frew v Australian Airlines Ltd (1995) 185 CLR 411
19 Wheeler, Robert. “Doctrine of double effect.” The Bulletin of the Royal College of Surgeons of England (2016) 98.5 LQR 220,220.
20 Lee v GEC Plessey Telecommunications  I.R.L.R. 383
21 WANDSWORTH LONDON BOROUGH COUNCIL V D’SILVA AND ANOTHER: CA 9 DEC 1997
22 Francis Rose: Blackstone’s Statutes On Contract, Tort & Restitution 2018-2019 (July 2018, Oxford University Press, 2nd edn) 472
23 Lilian Edwards and Wiebke Abel, The use of privacy icons and standard contract terms for generating consumer trust and confidence in digital services  PL 56
24 Molnar, Paul D. “The importance of the doctrine of justification in the theology of Thomas F. Torrance and of Karl Barth.” Scottish Journal of Theology (2017) 70.2 LQL 198,226.
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