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2.3.1 Certainty & Intention to Create Legal Relations Lecture - Introduction

Welcome to the second lesson of this module guide – certainty and intention to create legal relations! An agreement may not qualify as a valid and enforceable contract if it lacks certainty, and not all agreements are legally binding or have an intention to create legal relations. It is for these reasons that this topic is of importance, as these elements must be proven for a successful contract. 

The chapter begins with an introduction to the concept of certainty, before considering the issues of vagueness and incompleteness. Intention to create legal relations is then outlined in light of the developed case law. The test of reasonableness is discussed. The chapter further moves on to the presumptions under social, domestic and commercial agreements and their effects on the intention to create legal relations. Finally, intention is contrasted with consideration.

Below are some goals and objectives for you to refer to after learning this section.

Goals for this section

  • To understand what certainty is
  • To understand what intention to create legal relations is
  • To understand their importance to the successful creation of a contract

Objectives for this section

  • To understand the need certainty
  • To understand the need for intention to create legal relations
  • To understand the issues of vagueness and incompleteness with regard to certainty
  • To be able to use the test of reasonableness
  • To understand the case law surrounding intention to create legal relations
  • To be able to determine which agreements are legally binding and have an intention to create legal relations
  • To be able to distinguish between social and domestic agreements and those made in the commercial context

Start the Lecture

We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):

Summary Notes Standard Lecture Detailed Lecture

Problem Questions

Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below:

Hands on Examples


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