3 - Intention to Be Bound and Cause

This chapter attempts to build on chapter 2, which dealt with the two building blocks necessary for the formation of contracts, namely offer and acceptance. Here, we examine the remaining two requirements: the intention (nīyya) to be bound and the existence of good cause or causa. Unlike English law where so-called consideration is additionally required, this is not entertained in the CC, even if in places the language seems to suggest consideration. This is in fact not true. The chapter goes on to show how the parties’ intention to be bound may be expressed and how the courts can make sense of such intent when the parties disagree about what it is they had offered or accepted. Intent has been a significant aspect of Islamic law. A significant part of this chapter will deal with the legal nature of promises, as unilateral acts, and whether they are enforceable under any circumstances. As will be demonstrated, Qatari law is generally reluctant to enforce promises.

Other Information

Published in: Contract Law of Qatar
License: https://creativecommons.org/licenses/by-nc/4.0/
See chapter on publisher's website: https://dx.doi.org/10.1017/9781009052009.004