Question 1: Over a cup of coffee at a restaurant, 'A' invites 'B' to a dinner at his house on a Sunday 'B' hires a taxi and reaches A's house at the appointed time, but 'A' fails to perform his promise. 'B' sues 'A' for damages for breach of contract. Would 'B' succeed?
Answer: One of the essential elements of contract is that the parties must intend to create a legal relation. In this problem invitation by 'A' to 'B' for dinner has not been given with an intention to create any legal relation but to create only social relations. Intention to create social or moral relations or obligation does not give rise to a valid agreement [contract].Thus in this problem there is no contract between 'A' and 'B'. Hence, no question of breach arises and if there is no question of breach of contract, no question of damages for breach of contract arises and 'B' Would not succeed in this case.
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