A necessary element of a contract is that the parties must have the intention to be legally bound.Which of the following is true with regard to this element of a contract?
A)Family members can never have the intent to be legally bound in their agreements because family matters are private matters.
B)The court always presumes an intention to be legally bound,so this is never an issue in a contract case.
C)The court can presume the intention to be legally bound,but a party to the contract can bring forward contrary evidence to rebut that presumption.
D)If the parties fail to state expressly in their contract their intention to be legally bound,there is no contract.
E)In contract cases,the court hears evidence as to what the parties actually had in their minds at the time of contract.

Question

Quizplus · Accepted Answer

While the court can presume an intention to be legally bound, a party can bring forward evidence that contradicts this presumption. It is not always necessary for parties to expressly state their intention to be legally bound in order for a contract to be formed. The court may also consider the objective intentions of the parties, rather than just their subjective beliefs.

A Necessary Element of a Contract Is That the Parties