The legally binding nature of intentional agreements in common law

Abstract

This article examines the intentional forms of expressing will under English law and evaluates howcourts of common lawjurisdictions qualifysuch non-standard contractual constructions. The increasing acceptance of these instruments in Russian business transactions, particularly within the context of public-private legal relations,supports the relevance of this topic. The research highlights some features of the nature of agreements and contracts under English lawand analyzes the main elements inherent in contractual constructs. The author presents the thesis,which states that while the parties’intentions are a crucial element in making the agreement enforceable,their mere presence does not automatically result in creating a legally binding force.The second part of the paper identifies the main forms of documents in English commercial turnover that involved parties use to express their intentions. The author proposes to generalize the identified forms into the category of «intentional» agreements due to the similar purpose of their practical application. The final part of the paper identifies and analyzes the cases of making intentional agreements binding, offering a list of criteria for courts in common law jurisdictions to enforce such agreements.