Asked by Dameion Goodwin on Apr 29, 2024

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If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction,most courts would probably find a contract at the time agreement was reached,even though no formal agreement had been signed.Which of the following is an exception to this rule?

A) During the negotiation process,the parties gave a clear expression of intent that prevents the formation of a contract until both parties have signed.
B) The parties provide proof of prior dealings that indicate an agreement is usually only reached between the parties when it is put into writing.
C) The parties demonstrate that it is customary in their trade to only sign written agreements.
D) The parties demonstrate that it was not their intention to be in a binding agreement until it was put into writing and signed.

Negotiations

The process of discussing terms andconditions in order to reach a mutual agreement or compromise.

Essential Aspects

Fundamental components or characteristics that are crucial for the understanding, functioning, or value of a concept, object, or system.

Formal Agreement

A legally binding contract between parties, typically written and signed, outlining specific terms and conditions.

  • Elucidate the concept of forming a contract without a formal agreement and the elements affecting it.
  • Understand the exceptions to general rules of contract acceptance.
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Zybrea KnightMay 05, 2024
Final Answer :
A
Explanation :
A clear expression of such an intent by the parties during the negotiation process prevents the formation of a contract until both parties have signed.However,in the absence of such a clear expression of intent,the courts ask whether a reasonable person familiar with all the circumstances of the parties' negotiations would conclude that the parties intended to be bound only when a formal agreement was signed.If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction,most courts would probably find a contract at the time agreement was reached,even though no formal agreement had been signed.