B Com Exam  >  B Com Questions  >  Offer and acceptance bring the parties togeth... Start Learning for Free
Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment?
Most Upvoted Answer
Offer and acceptance bring the parties together but the law requires s...
Introduction:
In contract law, offer and acceptance are essential elements for the formation of a legally binding agreement. However, the law requires some further evidence of the parties' intention to create legal relationships. This additional evidence ensures that parties have a clear understanding of their rights and obligations under the contract.

Evidence of Intention:
The law recognizes that not all agreements are intended to be legally binding. In social or domestic situations, parties may make agreements without the intention of creating legal relations. Therefore, to determine the intention of the parties, the law looks for additional evidence beyond mere offer and acceptance. This evidence can be found in various forms, such as:

1. Consideration: Consideration refers to something of value given by one party in exchange for the promise or performance of the other party. It serves as evidence of the parties' intention to create legal relations. Without consideration, an agreement may be considered a mere promise, which is not legally enforceable.

2. Intention to be legally bound: The law also considers the intention of the parties to be legally bound as evidence of their intention to create legal relationships. If the parties expressly state their intention to be legally bound, it strengthens the enforceability of the agreement.

3. Formalities: Some contracts require certain formalities to be met, such as being in writing or signed by the parties. These formalities serve as additional evidence of the parties' intention to create legal relationships.

4. Commercial context: In commercial transactions, the presumption is that the parties intend to create legal relations. The nature and circumstances of the transaction, including the involvement of businesses and the exchange of goods or services for consideration, provide evidence of the parties' intention.

5. Objective test: The law also applies an objective test to determine the intention of the parties. It looks at the reasonable person's perspective to assess whether the parties' conduct and words indicate an intention to create legal relations.

Conclusion:
While offer and acceptance are crucial elements in contract formation, the law requires additional evidence of the parties' intention to create legal relationships. Consideration, intention to be legally bound, formalities, commercial context, and the objective test are some of the factors that provide the necessary evidence. This requirement ensures that parties enter into contracts with a clear understanding of their legal rights and obligations, enhancing the enforceability of agreements.
Explore Courses for B Com exam

Top Courses for B Com

Question Description
Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? for B Com 2025 is part of B Com preparation. The Question and answers have been prepared according to the B Com exam syllabus. Information about Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? covers all topics & solutions for B Com 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment?.
Solutions for Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? in English & in Hindi are available as part of our courses for B Com. Download more important topics, notes, lectures and mock test series for B Com Exam by signing up for free.
Here you can find the meaning of Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? defined & explained in the simplest way possible. Besides giving the explanation of Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment?, a detailed solution for Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? has been provided alongside types of Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? theory, EduRev gives you an ample number of questions to practice Offer and acceptance bring the parties together but the law requires some Further evidence of their intention to create legal relationships. comment? tests, examples and also practice B Com tests.
Explore Courses for B Com exam

Top Courses for B Com

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev