Intention to create legal relation

I was attending contract class today and I thought this would be interesting to share with you guys especially my two darling siblings.

When we were young last time, we used to make promise with our siblings. For example, Kei, if you wash the plates for me, then I will pay you RM5. Kor, if you wash my shoes for me then I will buy you a comic.

Though it seems that a contract has taken place but if I didn’t pay or get him a comic, they can’t sue me for breach of contract. I remembered when I was young, I will always ask my bro to do something and I will give him something as return. When I refuse to get him something he would probably say that “I will sue till your pants drop”.

Sad to say that he can’t sue me. There is no contract that arises though there were offer and acceptance. It is important to have the intention to create legal relation. When a family member want to sue other family member, the court wouldn’t take the case because it is assume that no one will ever sue their family members and has no intention to create a legal relation. This also applies to promise make among friends.

But if the contract is made under a business contract among the family members and one of them breach the contract, then he can sue and bring this case to the court. This is because it is related to business and it is a serious case and can’t be taken easily.

As a conclusion, you can make any offer as you wish with your siblings and it wouldn’t be consider as breach of contract. Hahaha. So, KL and Kei, you won't be able to sue me in court.

Just for fun

PhUiSaN

Note: Please get legal advise if you really want to sue your family members. LoL