Example 1: Law Essay (Contract Formation)
Introduction
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.
The Current 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.
Introduction
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.
The Current Requirement and Its Doctrinal Foundation
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).
Key Transformations:
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"