Law 5110 Quiz: English law of constitution
Document Summary
An (apparent) intention to create legal relations: Test of earnestness (implied intention out of context) Iii. (gratuitous transactions) assumption the party is not bound unless the good is given on the spot (immediate donation). Under english law, contract is agreement which, besides to intention and consensus, also require consideration - element of reciprocity (each party must give, do or promise something in return for a promise). In civil law, this is not a problem, and a promise is binding when it is agreed upon and intended. Promisory estoppel (if you promise something, and the other party acts as a result of such promise, you cannot claim against what you promised - thus, an estoppel is a shield, not a sword). Invitation to treat: beneficial for offeror (can always withdraw advertisement); Offer: beneficial for offeree, agreement set up by simply accepting the offer, unless personal qualities of offeree are important to the offeror.
