Also known as: manifestations of intention · manifestation of intent · manifestations of intent · objective manifestation · manifest intent
Written by attorneys · grounded in primary & secondary sources — see below
An outward expression by which a person conveys purpose or commitment in a legal transaction.
Michelle Murphy emailed Metro Bank proposing a loan package at a competitive rate without specifying amount, term, or interest. The bank replied that details would be tailored later. When the bank later refused to fund, a court held the exchange created no contract because the open terms showed the messages were not meant as an offer or acceptance.
Meredith Maxwell told Matrix Technologies she would supply parts by a set date if they paid a fixed price. Matrix relied on the statement by halting other orders. A court treated the statement as a promise because it justified Matrix in understanding a commitment had been made.
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Mustafa Mahmoud and Majestic Construction repeatedly performed under a services agreement by invoicing monthly and paying within thirty days. When a dispute arose over a new project, the court interpreted the parties' manifestations of intention as consistent with their established course of performance.
Maria Morales and Maurice Marshall agreed over dinner that one would sell a car to the other but added they were speaking only as friends. When the seller later refused, a court held the added statement prevented formation of a contract because it manifested an intention that the promise would not affect legal relations.
Matthew Martinez signed a note directing Morgan Financial to pay future receivables to his sister. The note stated no further action by Martinez was needed. A court held the note validly assigned the right because it manifested Martinez's intention to transfer the right without additional manifestation.
A corporate board issued a proxy statement describing a merger as fair. Shareholders later claimed the statement misled them about value. A court examined whether the board's language manifested an intention that could support liability under the securities laws.
A court examines whether the words and surrounding circumstances demonstrate a clear present commitment to hold property for a beneficiary rather than a mere hope or plan. Oral statements, writings, and conduct can all supply the required manifestation. Later denial of intent by the alleged settlor weighs against finding a trust.
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Yes. A signed letter that expressly declares an account is held in a revocable trust for named beneficiaries and identifies a trustee qualifies as a trust instrument because it contains the trust terms. No separate document labeled trust agreement is required.
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A trust is presumed revocable unless the instrument expressly states it is irrevocable. Silence triggers the default rule allowing the settlor to revoke by any method that clearly manifests intent, including a signed writing delivered to the trustee.
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Open terms such as missing price, limits, and exclusions indicate the parties did not intend their messages to operate as an offer or acceptance. Without reasonably certain terms a court cannot determine breach or fashion a remedy, so no contract arises.
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…entertained by state tribunals without appeal, the appellate power would not extend to all but only some cases, contrary to the manifest intent of the Constitution. Conversely, if Congress might lawfully omit to establish inferior courts and thus no federal court existed for many constitutional cases, the appellate jurisdiction of…