Which of the following is false with regard to the intention of the parties to an agreement to enter into a legal relationship? Where appropriate, assume that all the other elements necessary to form a contract are present.
A) An intention to be legally bound is a necessary element of a contract; without it there is no contract.
B) Since family matters are private matters, an agreement between a husband and wife to transfer property from the husband to the wife could not be a contract even if all the other elements of a contract were present.
C) The court will presume there is no intent to be legally bound in social situations.
D) Although the court makes presumptions about the intention of parties to be bound, the presumption may be rebutted by evidence to the contrary.
E) Parties may expressly state their intention to be legally bound, in which case the court need not rely on presumptions.

Question

Quizplus · Accepted Answer

B) is false because agreements between spouses can indeed form contracts if there is clear intent to be legally bound, despite being in a family context. The statement that such an agreement could never be a contract is incorrect.

Which of the Following Is False with Regard to the Intention