Intention to be legally bound. 1. By executing this Agreement the Student’s Parent(s) acknowledge and agree that they are legally bound by the terms and conditions of this Agreement and that they shall be jointly and severally liable for the payment of the Tuition and/or any other payment due under this Agreement. This provision shall be irrespective of any division of educational or special program expenses included in a divorce decree, joint parenting plan or other official document or private agreement.
2. By executing this Agreement the Student acknowledges and agrees that they have read, understand, and agree to the terms and conditions contained herein and furthermore that the Student agrees to obey all rules, regulations, and policies, review and accurately complete all related forms and information and timely submit all payments.
3. The Student’s Parent(s) hereby give the Student permission to participate in all activities, whether occurring on or off IS property.
Intention to be legally bound. There is a presumption for commercial agreements that parties intend to be legally bound (unless the parties expressly state that they do not want to be bound, like in heads of agreement). On the other hand, many kinds of domestic and social agreements are unenforceable on the basis of public policy, for instance between children and parents. One early example is found in Balfour x. Xxxxxxx. Using contract-like terms, Xx. Xxxxxxx had agreed to give his wife £30 a month as maintenance while he was living in Ceylon (Sri Lanka). Once he left, they separated and Xx. Xxxxxxx stopped payments. Xxx. Xxxxxxx brought an action to enforce the payments. At the Court of Appeal, the Court held that there was no enforceable agreement as there was not enough evidence to suggest that they were intending to be legally bound by the promise. The case is often cited in conjunction with Xxxxxxx x. Xxxxxxx. Here the court distinguished the case from Balfour x. Xxxxxxx because Mr. and Xxx. Xxxxxxx, although married again, were estranged at the time the agreement was made. Therefore any agreement between them was made with the intention to create legal relations. The doctrine of privity of contract means that only those involved in striking a bargain would have standing to enforce it. In general this is still the case, only parties to a contract may xxx for the breach of a contract, although in recent years the rule of privity has eroded somewhat and third party beneficiaries have been allowed to recover damages for breaches of contracts they were not party to. In cases where facts involve third party beneficiaries or debtors to the original contracting party have been allowed to be considered parties for purposes of enforcement of the contract. A recent advance has been seen in the case law as well as statutory recognition to the dilution of the doctrine of privity of contract. The recent tests applied by courts have been the test of benefit and the duty owed test. The duty owed test looks to see if the third party was agreeing to pay a debt for the original party and whereas the benefit test looks to see if circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance. Any defense allowed to parties of the original contract extends to third party beneficiaries. A recent example is in England, where the Contracts (Rights of Third Parties) Xxx 0000 was introduced. An unwritten, unspoken contract, also known as "a contract implied...
Intention to be legally bound. You affirm that the terms stated above are the only consideration for entering into this Agreement, that no other promise or agreement of any kind has been made with or to you by any person or entity to cause you to enter into this Agreement, and that you affirm that you fully understand the meaning and intent of this Agreement, including, but not limited to its final and binding effect.
Intention to be legally bound. You affirm that the terms stated above are the only consideration for entering into this Agreement, that no other promise or agreement of any kind has been made with or to you by any person or entity to cause you to enter into this Agreement, and that you affirm that you fully understand the meaning and intent of this Agreement, including, but not limited to its final and binding effect. Nabi affirms that the terms stated above are the only consideration for entering into this Agreement, that no other promise or agreement of any kind has been made with or to it by any person or entity to cause Nabi to enter into this Agreement, and that it fully understands the meaning and intent of this Agreement, including, but not limited to its final and binding effect.
Intention to be legally bound. (a) The parties intend that these heads of agreement are binding in accordance with their terms on and from the date of these heads of agreement, despite the fact that the parties may not have reached final agreement as to the specific form of each of the Transaction Documents. Mintxx Xxxxxxx | Xef: THW 30-5000000 Xxxds of agreement | page 7
(b) The terms of these heads of agreement:
(i) are not merely statements of the current intention of the parties;
(ii) are intended to be legally binding on the parties; and
(iii) constitute a binding undertaking or representation concerning the Acquisition by both parties, even if the parties subsequently work together and take action or refrain from taking action on the assumption or in the expectation that the Transaction Documents will be executed.
