2023년 2월 7일 화요일
Is an ‘Honour Clause’ which shows lack of intention legally bound under English contract law?
No, an "Honour Clause" that shows a lack of intention to create legally binding obligations is generally not enforceable under English contract law. In English law, contracts must have the intention to create legally binding obligations in order to be enforceable. An Honour Clause that states that the parties do not intend to create legal obligations or that the agreement is not legally binding, defeats this intention and therefore, makes the agreement unenforceable. However, if the clause is not clear or ambiguous, a court may consider the surrounding circumstances to determine the parties´ intention to create a legally binding agreement.
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