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Obligation = Intention?

Obligation = Intention?

Postby Hairyloon » Tue Aug 08, 2017 11:55 pm

If somebody accepts that they need to do something, is that the same as saying that they intend to do it?

The context is in a contract where a course is triggered by a notice of intention. If the one party is notified that the other party accepts a need, then can they force the other party to take that course?
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Re: Obligation = Intention?

Postby dls » Wed Aug 09, 2017 7:59 am

Not from that exact wording.
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Re: Obligation = Intention?

Postby atticus » Wed Aug 09, 2017 8:17 am

What the OP has said is insufficient and meaningless. The contract needs to be read and considered if a view is to be formed of the parties' respective obligations.

A contract may permit party A to take step Z provided he first does X and Y. Doing X and Y may simply leave A with the option to do Z, or it may be that if he does X and Y he must do Z.
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Re: Obligation = Intention?

Postby Hairyloon » Thu Aug 10, 2017 11:22 am

atticus wrote:What the OP has said is insufficient and meaningless.

That you do not understand it does not make it meaningless. Dls found enough meaning to express an opinion.
The contract needs to be read and considered if a view is to be formed of the parties' respective obligations.

The contract is clear enough. What is not clear is the expression of intent.
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Re: Obligation = Intention?

Postby atticus » Thu Aug 10, 2017 11:48 am

If the contract is clear, then the effect of any notification given pursuant to that contract will be clear. See the second paragraph of my previous post for an illustration of some possibilities.

Is this also to do with your sister-in-law's case?
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Re: Obligation = Intention?

Postby Hairyloon » Thu Aug 10, 2017 12:15 pm

atticus wrote:If the contract is clear, then the effect of any notification given pursuant to that contract will be clear...

Ah, but the notification was not given pursuant to the contract. The question is of whether it can be interpreted as being pursuant.

Is this also to do with your sister-in-law's case?

Not my sister in law. The analogy was given to provide insight into the problems. That point need not be explored further.
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