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Contract law is an important area of law that deals with agreements between parties. One of the key requirements for contract formation is intention to create legal relations. This essay will discuss whether this requirement should remain. There are arguments both for and against keeping this requirement.
Intention to create legal relations means that parties must intend their agreement to be legally binding. The courts use presumptions to determine this. Commercial agreements are presumed to have this intention, while social and domestic agreements are presumed not to. This has been established in various cases.
Contract law is an important area of law The doctrine of intention to create legal relations, whilst a cornerstone of English contract law for over a century, increasingly attracts academic and judicial scrutiny regarding its continued utility (Chen-Wishart, 2018; Atiyah, 1995). This essay critically argues that whilst the requirement serves important gatekeeping functions in distinguishing contractual from non-contractual obligations, its rigid application through rebuttable presumptions generates unnecessary uncertainty and fails to align with contemporary commercial realities. There are arguments both for and against keeping this requirement.
Intention to create legal relations means that parties must intend their agreement to be legally binding. The requirement that parties demonstrate an intention to create legal relations emerged from the landmark decision in Balfour v Balfour [1919] 2 KB 571, wherein Atkin LJ established that agreements "made in the ordinary course of family life" lack the requisite contractual intention. The courts operationalise this requirement through bifurcated rebuttable presumptions: commercial contexts attract a presumption of contractual intention (Edwards v Skyways Ltd [1964] 1 WLR 349), whereas domestic and social arrangements are presumed to lack such intention (Jones v Padavatton [1969] 1 WLR 328). This has been established in various cases. However, as Cooke observes, these presumptions generate "interpretive difficulty and inconsistent application," particularly in hybrid contexts such as family businesses or commercial relationships with social dimensions (Cooke, 2009: 127).
Generic: "This essay will discuss..."
Specific: "This essay critically argues that whilst the requirement serves important gatekeeping functions... its rigid application generates unnecessary uncertainty"
"Various cases" (no specifics)
Balfour v Balfour [1919], Edwards v Skyways [1964], Jones v Padavatton [1969] + academic sources
Descriptive: "The courts use presumptions"
Critical: "However, as Cooke observes, these presumptions generate interpretive difficulty... particularly in hybrid contexts"
Generic: "important area of law"
Legal: "operationalise," "bifurcated rebuttable presumptions," "hybrid contexts"
Jean Piaget was an important psychologist who developed a theory of cognitive development. His theory has been influential in psychology and education. This essay will evaluate how relevant his theory is today. There have been many studies on this topic.
Piaget's theory suggests that children go through four stages of cognitive development. These are the sensorimotor stage, preoperational stage, concrete operational stage, and formal operational stage. Each stage has different characteristics. Children progress through these stages in order.
Jean Piaget was an important psychologist who developed a theory of cognitive development. Piaget's stage theory of cognitive development, formulated between 1936 and 1952, fundamentally reshaped developmental psychology by proposing that children actively construct knowledge through qualitatively distinct stages (Piaget, 1952; Inhelder & Piaget, 1958). This essay argues that whilst Piaget's core insight—that children are active learners who construct understanding—remains indispensable to educational psychology, his rigid stage model and underestimation of social-cultural factors limit its contemporary applicability without significant modification through neo-Piagetian and sociocultural frameworks (Bjorklund, 2018; Case, 1992). There have been many studies on this topic.
Piaget's theory suggests that children go through four stages of cognitive development. Piaget's theory posits that cognitive development proceeds through four hierarchical, invariant stages: sensorimotor (0-2 years), preoperational (2-7 years), concrete operational (7-11 years), and formal operational (11+ years) (Piaget, 1952). Each stage is characterized by qualitatively different cognitive structures, or "schemas," that fundamentally reorganize how children understand reality. Each stage has different characteristics. Crucially, Piaget emphasized that development is driven by equilibration—the process of resolving cognitive disequilibrium when existing schemas cannot accommodate new experiences (Piaget, 1985). Children progress through these stages in order. Whilst longitudinal studies confirm the general sequence Piaget proposed (Kuhn, 2008), considerable cross-cultural research challenges the universality and age-boundaries of his stages (Dasen, 1994; Segall et al., 1999).
Vague: "This essay will evaluate how relevant his theory is today"
Specific: "Whilst Piaget's core insight remains indispensable... his rigid stage model and underestimation of social-cultural factors limit contemporary applicability"
None - "There have been many studies"
8+ specific citations: Piaget (1952, 1985), Inhelder & Piaget (1958), Case (1992), Dasen (1994), Kuhn (2008), Bjorklund (2018)
Descriptive: "Each stage has different characteristics"
Evaluative: "Whilst longitudinal studies confirm the general sequence... considerable cross-cultural research challenges the universality"
Generic: "different characteristics"
Disciplinary: "schemas," "equilibration," "cognitive disequilibrium," "neo-Piagetian frameworks"
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