Which of the following is true 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 not a necessary element of a 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 always an intent to be legally bound in family situations.
D) The court makes presumptions about the intention of parties to be bound, whether that presumption may be rebutted by evidence to the contrary, makes no difference to the court.
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

The court often relies on the explicit statements of the parties regarding their intention to be legally bound, which can override presumptions about the nature of the agreement, especially in cases where such intention is clearly expressed.

Which of the Following Is True with Regard to the Intention