itional acceptance is one which will subject the drawee or acceptor to the payment of the money on a contingency. The holder is not bound to receive such an acceptance, but if he do receive it he must observe its terms. A partial acceptance varies from the tenor of the bill, as where it is made to pay part of the sum for which the bill is drawn, or to pay at a different time.There must be an intention to create legal relations.It is commonly said that in addition to the fact of agreement, assumed by the law as the foundation of contract, it is necessary also that there should be an intention in the parties to create legal relations between themselves. The law does not automatically intervene merely because of the presence of mutual promises. Agreements are made every day in domestic and social life, where the parties do not intend to invoke the assistance of the Courts should the engagement not be honoured. To offer a friend a meal is not to invite litigation. In deciding the question of intention the courts have regard to two main presumptions: 1. that domestic agreements are unenforceable without proof of intention to create legal relations and 2. that commercial agreements are enforceable in the absence of clear legal proof that legal relations were not intended. The subject can be considered under two headings:1.Cases where the parties have not expressly denied their intention to create legal intentionsThe defendant was the Chinese ambassador situated in the Philippines. His wife alleged that, while they were both in China, on leave and when it had become clear that she could not travel and accompany the ambassador to the Philippines because of her pregnancy, the husband had promised to pay her $50,000 a month as maintenance during the long visit to Manila. The wife sued for breach of the agreement. The court appeal held that no legal relations had been contemplated and that she had to fail. 2.Cases where the parties expressly deny ...
