Short answer in Law question in essay Example | Topics and Well Written Essays - 1250 words

Short answer in Law question in - Essay Example 47). The element of intention is very necessary and essential of any contract to be valid. For the legality of the intention to hold then it may be expressly stated either by writing or verbally or implied that is by the conduct of the parties. For the scenario of expressly stated contract then the parties include their intention to resolve their disagreement in court and important to mention the name of the court must be included. Court may also determine if the element of intention by the conducts of the parties that are consistent with the intention even if the intention was not specifically mentioned in the agreement (James & Field, 2013, p. 102). The following considerations are put in place, to determine by law courts if the parties involved in the agreement (without a clearly or specifically stated intention) implied an intention to be legally bound. First, the relationship of the parties is keenly observed, if friends or relatives or client and businessperson: second, the nature of the agreement in dispute: Thirdly, if any history of dealing between the parties exist and finally if either parties has gained benefit under the agreement (Emerson, 2009, pp. 80-91). The following are the facts involved in the dyad: Jack and Jill become close friends after working in the same company for one year. Jack has been a co-worker and has never been selling cars. Reason of offering to sell his car was because he currently having a company car. Jack wanted to sell his car at extremely fair price, reduced by half, to her friend but within a specified period (not beyond Friday) but yielded to the counter-offer of up to Sunday without any condition attached to that. Jack sold the car to Clarence on Sunday morning by more than thrice the price intended to be bought by Jill citing that the offer was too good to refuse. Finally, all this agreement is verbally