Answer:
Step-by-step explanation:
When determining whether parties entered into a contract, courts look at objective facts, which include the following:
Offer: Did one party make an offer to the other party? An offer is a clear and definite proposal to do something, such as sell a product or provide a service, that is made with the intention of creating a binding legal agreement.
Acceptance: Did the other party accept the offer? Acceptance is the act of agreeing to the terms of the offer. It must be unconditional and communicated to the offeror in a way that demonstrates an intent to be bound by the terms of the offer.
Consideration: Was something of value exchanged between the parties? Consideration is the value given by one party in exchange for the promise of the other party. It can be in the form of money, goods, or services.
Capacity: Were the parties capable of entering into a contract? Capacity refers to the legal ability of the parties to enter into a contract. This includes being of legal age, being of sound mind, and not being under duress or incapacitated.
Legality: Was the subject matter of the contract legal? The subject matter of the contract must be legal and not against the law or public policy.
If these objective facts are present, a court is more likely to conclude that a contract was formed. However, other factors may also be considered, such as the language and terms of the contract, the parties' conduct, and the surrounding circumstances.