Saturday 12 January 2008

Marriage as defined by "Contract Law"

Me and my friend, Xiaoheng has this plan of really writting a 'book'. We do hope it can become a reality. We are trying to define a r.ship between a guy and a gal; ie: mostly based on marriage using the terms in Contract Law.

Please leave a comment if anyone has better suggestions k?? These are just preliminary and we are looking into furnishing it further.

Offer*
- when a guy makes a proposal towards to gal.
- takes place when the guy 'pops' the 'question', ie: either for marriage or to begin a relationship.

Acceptance*
- when the gal accepts the proposal and says 'yes' or in certain cases, does not literally mention 'yes' but shows her interest or acceptance in a mutually understood method.
- accepts the ring, which is given by the guy

Consideration*
- Consideration is a reason for enforcing the marriage. It happens when a girl agrees to a guy that she will marry him. The guy in return gives the girl a ring as a form of consideration.
Another example of consideration is when the parents of the girl agrees to the guy that he could marry their daughter.
- Consideration must be sufficient but need not be adequate. Under this heading, dowries given by the guy's family to the girl's family need not be high in value, a small value item would be deem by the court as sufficient to amount as the dowry for the marriage.
- Consideration must move from the parties. Each party must act on their promise and do their equal part of bargaining in the contract.

Misrepresentation*
- applies to both the guy and gal
- Gal: when she misrepresents her current status, ie: is engaged in another relationship but nevertheless starts another.
- Gal: when she misrepresents her condition, ie: been engaged in conducts that may not be acceptable by the guy, but fraudulently misrepresented it.
- Guy:
when he misrepresents his current status, ie: is engaged in another relationship but nevertheless starts another.
- Only fraudulent misrepresentation will be accounted for; negligent misrepresentation is NOT applicable

Rescission*
- Can only take place under the few circumstances below:
a) If restitution is possible
b) Within a reasonable time frame

Intention to create legal relation*
This is divided into two types:
1) Social/Business Relations
- Whenever a social/business marriage contract is made, it is always presumed that both parties had not intended to be engaged in a legal relation. This is based on the main presumption that an individual engaging in such a contract is normally forced to (business purposes) or has negative intentions towards the other individual (riches and property).

2) Domestic/Internal Relations
- Whenever a domestic/internal marriage contract is made, it is always presume that both parties had intended to be engaged in a legal relation. This is based on the main presumption that if the agreement was made internally, ie: within the both parties; both parties had consented and voluntarily intended to be engaged in a legal relation.

Vitiating Factors
- Such a contract as the above shall be void if any vitiating factors take place.
- Vitiating factors are:
1) If either immediate family members of an individual in the relationship does not agree with the relationship.
2) If either individual had fraudulently misrepresented his/her status and/or conducts.

OTHERS:
Intellectual Property
1) Object of Lust (Curry v. Misai) per defined by Lust LJ.
- An entity that results in an individual being excited and happy
"Excited" shall be described as, extremely aggitated about the entity and constitutes in the individual changin his/her moods.

* Shall be updated and furnished in upcoming posts.
* Do leave your comments so that we can improve.

PS: This is just for joke purposes. It has no connection with any individual who is dead or alive.
- This 'contract' is designed to ensure that both parties in a relationship are truthful to one another and will live happily ever after together.

CK

2 comments:

  1. written like a true Professor of Law.
    Calvin Khoo - Professor of Law, University of Cambridge

    ReplyDelete
  2. calvin khoooo..I bet u don't know who am I..haha

    ReplyDelete