Whether a person intends to form a contract is not a question of what was in their mind at the time, but whether their actions were such that it could be objectively determined that they intended to form contractual relations.
The use of an objective test protects parties who rely on the behaviour of others, as it prevents a party from avoiding the contract by saying that their subjective intention was not to create a contract, despite their behaviour indicating the contrary.
In such circumstances, the burden of proof lies with the party that claims a contract has been created. If, on the balance of probabilities, an independent observer would conclude that all the conditions necessary for a contract to be formed had been met, it would be concluded that contractual relations had been formed.
If you are in contractual negotiations with another party, it is important to make sure the contractual terms are not adversely affected by your behaviour. We can assist you in the conduct of all contractual negotiations to ensure that your legal position is protected.