A Brief Discussion of Contract Formation Judgment

Abstract

This article agrees that the parties and the unanimity of intent together constitute the elements of contract formation. In general, it is more appropriate to adopt the doctrine of representation to judge and grasp the unanimity of intent. Whether silence constitutes an expression of intent should be considered in the specific circumstances, whether silence is sufficient to infer the meaning of the parties, such as the existence of prior statements or trade practices. In this paper, we try to sort out the elements of the main rule of contract formation - the rule of offer and promise, in order to clarify the path of judging contract formation.