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