(g) The reality of consent (i.e. the agreement should not be punishable for fraud, fear, misrepresentation, undue influence or for any other reason); These agreements should not be certified notarized, but should be written for proof. It is clear from the above discussion that an agreement expressly providing that it cannot be buried or that it is a mere “honour clause” would not create a legally enforceable contract in Sri Lanka. [Weeramantry, page 158]. 6. The reality of consent – the agreement must be genuine and should not be influenced by factors such as errors, misrepresentations, fraud, inappropriate influences, etc. 1. Agreement between two or more parties – The basis of a contract is an agreement between two or more people. Both parties must agree on the purpose of the contract.
There should be an offer and acceptance between two or more parties. A lease agreement is a contract by which a person agrees to give the use of a property on another period until the lease is terminated by a notice of one of the parties. The person who agrees to give use of the property is designated as the owner and the person who promises to pay the rent for the use of the property is the tenant. Added to this are situations in which, although there is a vague desire to enter into a contract at a later stage, there may be no firm will to enter into a legally binding agreement. [See Rose and Frank v. Crompton, (1923) 2 KB 261; on appeal (1925) AC 445 (HL)]. 2. Intention to take legal action – The parties must intend their agreement to result in legal relations 4. Reflection – Under English law, it is necessary that the agreement be supported by so-called “reflection.” But the dutch legislation in Sri Lanka does not require “reflection.” In Roman Dutch law, any good or good reason, expressed by the Latin term justa-causa, is sufficient for a treaty. For leases, certain legal procedures must be respected. The anti-fraud regulation provides that no contract of promise or agreement for the finding of land (except an at will lease or for a maximum of one month) is in effect or is not in force, unless it is signed in writing, in the presence of a notary and two witnesses.
In the case of a tenancy agreement for non-rental contracts that are not subject to the Rent Act, there is no limitation on the notice period to which the parties may consent, whether with respect to the termination of the landlord or tenant. And unless there is a violation of the terms, alliances or conditions of one of the parties or the lease itself provides for termination, the lease cannot be terminated by either party without the consent of the other party.