- 10 Marks
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.
Answer
i. Determining Intention to Create Legal Relations
One way courts determine if parties intended to create legal relations is by examining the nature of the agreement. In commercial agreements, there is a presumption that parties intend to create legally binding obligations. In contrast, social and domestic agreements are generally presumed not to create legal relations unless proven otherwise. This distinction helps courts assess the context and enforceability of the agreement.
ii. Advice to ‘A’ Regarding the Gym Agreement
Legal Issue: The main issue is whether a social agreement to meet at a gym constitutes a legally binding contract.
Advice: In this case, the agreement between ‘A’ and ‘B’ to meet for exercise is likely considered a social arrangement rather than a commercial one. Social agreements generally do not establish legal relations, meaning ‘A’ cannot enforce this agreement in court. Therefore, ‘A’ would have no legal grounds to sue ‘B’ for breach of the agreement.
iii. Advice to ‘A’ on Selling Textiles to ‘B’
Legal Issue: The issue here is whether a commercial agreement between friends can be legally binding.
Advice: Although ‘A’ and ‘B’ are friends, this transaction is a commercial agreement involving the sale of goods. The presumption in commercial agreements is that they intend to be legally binding. Therefore, ‘A’ has a valid basis to sue ‘B’ for the unpaid amount for the textile materials, as friendship does not negate the contractual obligation.
iv. Advice to ‘B’ on the Luncheon Costs
Legal Issue: The issue is whether a promise to attend a social event can be legally enforceable.
Advice: ‘A’s’ promise to attend the luncheon is a social agreement without any consideration that would make it legally binding. Although ‘B’ incurred expenses, there is no enforceable contract for ‘A’ to attend, as social promises are generally not considered legally binding. ‘B’ would not have a strong legal basis to recover the cost of the special dish from ‘A.’
- Topic: Law of Contract
- Series: NOV 2020
- Uploader: Dotse