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Animus Contrahendi

Latin: an intention to contract.

Latin: the intention to contract.

Sometimes spelled animus contra-hendi.

The doctrine of animis contrahendi was explained by Fridman as follows:

"A contract can only arise if there is the animus contrahendi between the parties. Without the expressed or implicit intention that a contract should emerge as a result of the language or conduct of the alleged parties, no contractual obligations can be said to exists and be capable of enforcement."

REFERENCES:

  • Fridman, G., The Law of Contract in Canada, 5th Ed. (Toronto: Thomson-Carswell, 2006).

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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