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 other elements necessary to form a contract are present.
A)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 other elements of a contract are present.
B)The court will presume that there is always an intent to be legally bound in family situations.
C)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.
D)An intention to be legally bound is not a necessary element of a contract.
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

Parties may expressly state their intention to be legally bound, which removes the need for the court to rely on presumptions. Therefore, the intention of the parties to enter into a legal relationship can be determined through their express statements. None of the other choices are correct: A is incorrect because family matters can still be legally binding contracts, B is incorrect because the court does not always presume intent to be legally bound in family situations, C is incorrect because the court can be persuaded by evidence that the parties did not intend to be legally bound, and D is incorrect because intent to be legally bound is a necessary element of a contract.

Which of the Following Is True with Regard to the Intention