Which of the following elements of a contract ensures that the agreement is made with a genuine intention?

Get ready for the Humber College Real Estate Exam. Utilize flashcards and multiple choice questions to enhance your preparation. Each question comes with explanations to ensure understanding and readiness!

The element of a contract that ensures the agreement is made with a genuine intention is described as "genuine intention." This element is crucial because it reflects the mutual agreement and commitment of both parties to enter into the contract willingly and sincerely. Genuine intention is often referred to as "the meeting of the minds," which signifies that both parties clearly understand and agree to the terms of the contract without any form of misrepresentation, duress, or undue influence. When parties demonstrate genuine intention, they are not entering into the agreement out of coercion or misunderstanding; rather, they are consciously agreeing to the terms set forth.

While lawful object, capacity of the parties, and consideration are also important elements of a valid contract, they serve different roles. Lawful object ensures that the purpose of the contract is legal, capacity of the parties refers to the legal ability of the parties to enter into a binding contract, and consideration pertains to the value exchanged in the agreement. Genuine intention specifically addresses the authenticity of the parties’ commitment and willingness, making it a foundational aspect of contract formation.

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