As more and more social interactions take place online, it’s important to understand the legal implications of agreements made through social media platforms. One important concept in contract law is the “intention to create legal relations,” which determines whether a social agreement is legally binding.
The intention to create legal relations refers to the understanding between parties that their agreement is legally enforceable. In traditional contracts, this intention is assumed, as both parties are typically entering into the agreement with the expectation that it will be legally binding. However, in social agreements made through social media platforms, this intention may not always be clear.
In order for an agreement made through social media to be legally enforceable, both parties must have a clear intention to create legal relations. This means that both parties must understand that they are entering into a legally binding agreement, and must explicitly state this intention in their communication.
For example, if two individuals agree to a sale of a product through Facebook Messenger, but do not explicitly state their intention to create a legal relationship, the agreement may not be legally enforceable. However, if both parties clearly state their intention to create a legal agreement and agree to specific terms and conditions of the sale, the agreement may be legally binding.
It’s important to note that the intention to create legal relations can vary depending on the circumstances of the agreement. In some cases, social agreements may not be legally binding at all. For example, if two friends agree to meet for dinner through a Facebook message, this may not be considered a legally binding agreement, as there is no clear intention to create legal relations.
Furthermore, it’s important to consider the jurisdiction in which the agreement is being made. Laws surrounding social agreements may vary depending on the country and state/province in which the parties are located.
In conclusion, understanding the intention to create legal relations is crucial when entering into agreements through social media platforms. Parties must be clear in their communication and explicitly state their intention to create a legal relationship in order for the agreement to be legally binding. It’s important to consult with a lawyer if there is any uncertainty about the legal implications of a social agreement.