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The touchstone for whether or not something is a contract, is whether the parties manifest an intent to be legally bound. Now, every word of that sentence is important. Why do we say manifest? Because it turns out the way the common law is developed, it doesn't matter what your subjective intent was as to whether or not you intended to enter into a contract. What matters is whether a reasonable person, a third party would think that you manifested or exhibited an intent to be legally bound to a contract. And so sometimes you have people who think that they haven't entered a contract, but they found out they are. You can't say “I promise,” and then put your fingers behind your back and say that your fingers are crossed and I didn't really mean it. What matters is you will be held to a contract if you manifest an intent to be legally bound. And you will not have an enforceable contract, even if you believe you had one, but a reasonable person would not think that an intention had bee

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