title: Intention to create legal relations and the reform of contract law: A conservative approach in the modern global era

authors: Liao, Zhixiong (Leo)

subjects: intention to create legal relations

abstract: This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations for the formation of an enforceable contract. After a critical analysis of the abandonists’ arguments, this paper argues that intention to create legal relations is the “marrow of contractual relationships” and the arguments for abandoning such a requirement because of the existence of consideration and/or offer and acceptance as test(s) of contractual enforceability is untenable and unconvincing. Consideration and/or offer and acceptance may be evidence of serious intention to be bound somehow but unnecessary intention to be bound legally. For a number of reasons, the doctrine of consideration is very unlikely to work any better than the intention to create legal relations test. If a test of contractual enforceability must be abandoned, that should be the doctrine of consideration rather than the intention to create legal relations. This paper compares the current positions of some common law jurisdictions, upholds the needs of stability, consistency, and the harmonisation of contract law in the modern global era, and proposes a conservative approach of contract law reform regarding the intention requirement and the related presumptions, that is, all common law jurisdictions should “go back” to the orthodox English position.

text: Intention to create legal relations and the reform of contract law: A conservative approach in the modern global era This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations for the formation of an enforceable contract. After a critical analysis of the abandonists’ arguments, this paper argues that intention to create legal relations is the “marrow of contractual relationships” and the arguments for abandoning such a requirement because of the existence of consideration and/or offer and acceptance as test(s) of contractual enforceability is untenable and unconvincing. Consideration and/or offer and acceptance may be evidence of serious intention to be bound somehow but unnecessary intention to be bound legally. For a number of reasons, the doctrine of consideration is very unlikely to work any better than the intention to create legal relations test. If a test of contractual enforceability must be abandoned, that should be the doctrine of consideration rather than the intention to create legal relations. This paper compares the current positions of some common law jurisdictions, upholds the needs of stability, consistency, and the harmonisation of contract law in the modern global era, and proposes a conservative approach of contract law reform regarding the intention requirement and the related presumptions, that is, all common law jurisdictions should “go back” to the orthodox English position.

year: 2013

title: Raising the achievement of immigrant students: Towards a multi-layered framework for enhanced student outcomes

authors: Volante, Louis

abstract: Results of international achievement surveys such as the Programme in International Student Assessment have consistently reported an achievement gap between immigrant and non-immigrant student populations around the world. This paper unpacks this persistent achievement gap by examining key characteristics that influence the performance of first- and second-generation immigrant students as well as the policies and practices that are associated with enhanced educational outcomes. A multi-layered framework is proposed to help policymakers juxtapose key characteristics of their immigrant students’ achievement against individual, family, school, community, and host society characteristics and policies. The discussion also underscores the importance of connecting this multi-layered framework with other important sectors within governments such as those responsible for the economy, health, social protection, and immigration. This paper also examines limitations with current large-scale data sets and the implications for research and policy analysis.

text: Raising the achievement of immigrant students: Towards a multi-layered framework for enhanced student outcomes Results of international achievement surveys such as the Programme in International Student Assessment have consistently reported an achievement gap between immigrant and non-immigrant student populations around the world. This paper unpacks this persistent achievement gap by examining key characteristics that influence the performance of first- and second-generation immigrant students as well as the policies and practices that are associated with enhanced educational outcomes. A multi-layered framework is proposed to help policymakers juxtapose key characteristics of their immigrant students’ achievement against individual, family, school, community, and host society characteristics and policies. The discussion also underscores the importance of connecting this multi-layered framework with other important sectors within governments such as those responsible for the economy, health, social protection, and immigration. This paper also examines limitations with current large-scale data sets and the implications for research and policy analysis.

year: 2019

title: Addressing the context and complexity of indigenous language revitalization

authors: May, Stephen

subjects: revitilization

abstract: This response discusses six key themes that emerge, either explicitly or implicitly, from Nancy Hornberger's exemplary analysis of the challenges facing indigenous language revitalization initiatives, particularly as they are currently expressed and implemented in three key indigenous language education contexts--Quechua in the South American Andes; Guarani in Paraguay and Maori in Aotearoa/New Zealand. These themes include, first, the importance of recognizing the wider social and political contexts within which indigenous revitalization initiatives are invariably situated. Second, it requires a related recognition of the internationalism of these initiatives. Third, any academic analysis of indigenous language revitalization requires, or at least must benefit from, an interdisciplinary approach, as exemplified by Hornberger's own analysis. Fourth, Hornberger's continua of biliteracy provides a sufficiently robust framework to explore the complexities and interrelationships inevitably involved in the articulation of language revitalization efforts, as well as how individuals and groups are situated in relation to those efforts. Fifth, the ongoing challenges and tensions inherent in indigenous language revitalization efforts need to continue to be discussed candidly, in order for them to be seriously addressed and, where possible, resolved. And finally, the importance of recognizing and including the voices of those centrally involved in these initiatives, as Hornberger again does, is a crucial feature, as well as a reflection of the inclusive, emancipatory aims of indigenous language revitalization itself.

text: Addressing the context and complexity of indigenous language revitalization This response discusses six key themes that emerge, either explicitly or implicitly, from Nancy Hornberger's exemplary analysis of the challenges facing indigenous language revitalization initiatives, particularly as they are currently expressed and implemented in three key indigenous language education contexts--Quechua in the South American Andes; Guarani in Paraguay and Maori in Aotearoa/New Zealand. These themes include, first, the importance of recognizing the wider social and political contexts within which indigenous revitalization initiatives are invariably situated. Second, it requires a related recognition of the internationalism of these initiatives. Third, any academic analysis of indigenous language revitalization requires, or at least must benefit from, an interdisciplinary approach, as exemplified by Hornberger's own analysis. Fourth, Hornberger's continua of biliteracy provides a sufficiently robust framework to explore the complexities and interrelationships inevitably involved in the articulation of language revitalization efforts, as well as how individuals and groups are situated in relation to those efforts. Fifth, the ongoing challenges and tensions inherent in indigenous language revitalization efforts need to continue to be discussed candidly, in order for them to be seriously addressed and, where possible, resolved. And finally, the importance of recognizing and including the voices of those centrally involved in these initiatives, as Hornberger again does, is a crucial feature, as well as a reflection of the inclusive, emancipatory aims of indigenous language revitalization itself.

year: 2006-01-01