Question

A invites B to a family function at his residence. B accepts but does not attend. Legally A can

• A. sue for breach of trust
• B. sue for damage
• C. do nothing legally
• D. give a complaint to the Police

Hint:

Social promises (dinner invites, movies, family functions) do not create legal obligations.
Only agreements with a clear business or legal intent can be enforced in court.
This is a standard contract law principle!

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question is based on the Law of Contracts, focusing on the fundamental requirements of a valid contract.
We need to determine if a social invitation constitutes a legally binding agreement.

Step 2: Key Concept or Approach:
For an agreement to become a valid contract, there must be an intention to create legal relations (animus contrahendi).
Social, domestic, or family agreements are generally presumed to lack this intention.

Step 3: Detailed Explanation:

• Under Section 2(h) of the Indian Contract Act, 1872, an agreement enforceable by law is a contract.

• In the classic English case of

Balfour v. Balfour (1919), the court held that ordinary domestic and social agreements do not intend to have legal consequences.

• Let us analyze the given facts:
- A invites B to a social family function. This is a purely social and domestic interaction.
- Even though B accepts, neither party intends that B's failure to attend will lead to court actions, lawsuits, or police complaints.
- Since there is no intention to create a legal relationship, no contract is formed.
- Consequently, B's failure to attend is not a breach of contract or any legal wrong.
- Therefore, A has no legal remedy and can do nothing legally.

• Let us evaluate the options:
- Option (A) sue for breach of trust - Incorrect. Breach of trust is a criminal or fiduciary concept, not applicable to social invitations.
- Option (B) sue for damage - Incorrect, as there is no contract to sue upon.
- Option (C) do nothing legally - Correct.
- Option (D) give a complaint to the Police - Incorrect. No criminal offense has occurred.


Step 4: Final Answer:
Legally, A cannot take any action, which corresponds to Option (C).