e220449 Edoardo Bruna 26/03/2023

Week #10
As a law student, I have realised the importance of enforceable promises in legal
proceedings. In my recent class, we delved deeper into the topic and explored the factors that
make a promise legally binding. The discussion was enlightening and thought-provoking, and
I am excited to share my insights and personal experiences.

To begin with, we examined the concept of consideration, which refers to the exchange
of something of value between the parties involved in a contract. This could be money, goods,
services, or even a promise to do or refrain from doing something. Consideration is an
essential element of an enforceable contract, as it establishes the mutuality of obligation
between the parties.

We also discussed the importance of intention to create legal relations, which means
that both parties must intend for their agreement to be legally binding. This is particularly
important when promises are made within a social or domestic context, as there may be a
presumption that the parties did not intend to be legally bound.

Furthermore, we discussed the concept of capacity, which refers to the ability of a

party to enter into a contract. For example, minors, people with mental disabilities, and those
under the influence of drugs or alcohol may be unable to form legally binding promises. It is,
therefore, essential to ensure that both parties can agree.

In my personal experience, I have encountered situations where promises were made

but were not legally enforceable due to the absence of one or more of these elements. For
instance, a friend once promised to repay me for a loan I had given her, but she later refused.
Despite our agreement, no consideration was exchanged, as I had not asked for any interest
or fees. Therefore, the promise was not legally binding, and I had no recourse to recover my
money.

Another example is when my neighbour promised to sell me his car at a discounted

price. However, we did not specify the terms of the sale or the deadline for payment, and the
promise was made in a casual conversation. When I tried to follow up on the agreement, he
claimed that he had never intended to sell the car and that our discussion was not meant to
be legally binding.

These experiences have taught me the importance of clarity, specificity, and

consideration when making promises within a legal context. It is crucial to ensure that both
parties understand the terms of the agreement and intend to be legally bound by them.
Otherwise, the promise may not be enforceable, and one party may need a legal remedy.

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e220449 Edoardo Bruna 26/03/2023

In conclusion, enforceable promises are a fundamental aspect of contract law. The

elements of consideration, intention to create legal relations, and capacity must be present
for a promise to be legally binding. As a law student, I have learned that these elements are
crucial to ensuring fairness and justice in contractual relationships, and I will strive to apply
them in my future legal practice.