Which of the Following Is True with Regard to the Intention

question 5

Multiple Choice

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) 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.
• 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) An intention to be legally bound is not a necessary element of a contract.
• D) The court will presume there is always an intent to be legally bound in family situations.
• E) Parties may expressly state their intention to be legally bound, in which case the court need not rely on presumptions.

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