Which of the following is true of intent to form a contract?

Question

BlackTom AI · Accepted Answer

The objective “intent to be bound” requires that the offeror manifest a present willingness that the offeree’s acceptance will create contractual obligations.

1. Relevant knowledge points and concepts
- Formation of a contract requires offer, acceptance, consideration, mutual assent, capacity, and legality.  
- An offer must show present intent to be bound by acceptance, communicated by words or conduct.  
- Courts use the objective (reasonable person) test: outward manifestations, not undisclosed subjective motives, determine intent.  
- Distinctions: preliminary negotiations, invitations to treat, and advertisements may lack the requisite intent.

2. Step-by-step reasoning
- Start from the element of an offer: does the communication show a present promise or commitment? If yes, it’s an offer; if it’s mere negotiation or an invitation to bargain, it is not.  
- Apply the objective test: would a reasonable offeree interpret the offeror’s words/actions as intending to be bound upon acceptance? If so, intent is present.  
- Hidden internal thoughts or secret motives do not change the legal analysis because intent is judged by outward manifestation.

3. Calculations/Intermediate steps
(Not applicable; legal reasoning rather than numeric calculation.) However, apply logical steps: statement → assess language/conduct → ask “would a reasonable person conclude present promise?” → if yes → treat as offer.

4. Why the correct answer is correct
“An offeror must show intent to be bound by the offeree's acceptance” precisely captures the requirement that an offer manifests a present willingness that acceptance will create a contract. It reflects the objective standard and the central role of manifested intent in offer formation.

5. Why the other options are incorrect
- A) Incorrect: intent is required for an offer/acceptance—without it there is no offer.  
- B) Incorrect: courts do not consider hidden motivations; objective manifestations govern.  
- C) Incorrect: internal thought processes are irrelevant unless communicated; the objective test applies.  
- D) Incorrect: intent is required for all contracts, not only the sale of goods.

6. Conclusion
The correct choice is “An offeror must show intent to be bound by the offeree's acceptance,” which matches the provided answer.

Which of the following is true of intent to form a contract? 单项选择题

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