Should the receiver acknowledge the joke, then the declaration of intent is completely off the table. However, the declarant must be prepared to refund any costs that occurred due to a misunderstanding. It’s also not valid if the receiver isn’t aware that it’s a joke. Joke explanation: A declaration of intent is not valid if it’s intended as a joke.Legal incapacity: According to US law, if you do not have legal competence then you cannot make a declaration of intent.There are various grounds for invalidity that can nullify a declaration of intent: But in legal speak, there is another opinion: If B provoked this behavior by way of negligence, then the receiver can deem the transaction as binding. The declaring party (= B) has not made a declaration of intent with the intention to act. Her secretary assumes that the order should be placed as soon as possible and sends it off. An example: Business owner B leaves a filled-in order form for a new dishwasher for the lunchroom on her desk. Should a third person get involved with the declaration of intent, without the knowledge and against the will of the declaring party, then its validity is not granted. Lost declaration of intent: It’s possible that a person formulates a written declaration of intent and signs it without bringing it to the attention of its receiver. In this case, the declaration of intent is not regarded as received, since the tenant didn’t willingly bring it to the lessor’s attention. He has only overheard the statement by chance. This is the case, for example, if the lessor on the ground floor overhears the conversation between two tenants on the first floor, where one states: “I have a new job, in two month’s I’ll be terminating my lease.” Although this statement was intended for the lessor, it shouldn’t have reached him yet. The declaration of intent shouldn’t have reached the receiver at this stage. Incidental information: In this case, one party provides a declaration of intent, and is made aware of something intended for them, just ahead of time. When a declaration of intent that requires communication is stated, two problems can arise: For example, by placing a letter into the letterbox, the transaction to those absent is regarded as complete. A person that’s present will instantly receive the declaration of intent, while for those absent the transaction is only successful once it has followed a delivery process. In addition, you must differentiate between receivers who are present and absent. It’s different with a declaration of intent that requires communication, though: In this situation, the statement must be made towards a receiver. If we’re talking about a unilateral declaration of intent, the process is already complete. No matter if this is sent to someone or not, it is still valid.Ī declaration of intent begins with an outwardly explanation: a deliberate and voluntary one. The most common example of this is a will or testament. It’s not necessary that someone becomes aware of it. For this to be valid, it’s enough that the declaration is submitted. The second type is a declaration of intent requiring communication. What’s most important, is that the recipient has the possibility to read the declaration of intent – that it’s within their sphere of influence. In this case, it’s irrelevant whether the recipient is aware of it. In this case, for example with a letter of correspondence, the statement is only valid once the recipient receives it. For example, it can involve direct contact between two parties.Įven if the recipient is absent, a declaration of intent can still be expressed. When you make a statement that expresses intent to enter legal obligations, a second party is usually involved. The most common type is the unilateral declaration of intent. We can differentiate between two types of declaration of intent.

Definition of declaration