Also known as: objectively manifesting intent · objective manifestation of intent · objective intent · manifested intent
Written by attorneys · grounded in primary & secondary sources — see below
An external expression of intention that a reasonable observer would interpret as creating a legal commitment or effect. The standard evaluates words and conduct from the perspective of a reasonable person rather than probing undisclosed subjective beliefs.
Omar Olson holds a nongeneral power to appoint trust assets among his grandchildren. In a signed letter to the trustee, Omar states he will never exercise the power in favor of any grandchild who has already received substantial lifetime gifts. The trustee treats the letter as releasing the power to the extent it would contradict that statement and distributes the assets accordingly.
Odessa Okada emails Owen Ortega offering to sell a warehouse for a stated price and receives an immediate reply stating acceptance of the terms. When Odessa later claims she never subjectively intended to be bound, the court enforces the agreement because the email exchange shows objective manifestations sufficient to create mutual assent.
Select any source to read its text and confirm it supports the definition.
Courts apply an external standard that looks to words and conduct a reasonable person would understand as creating a commitment. Internal beliefs or unexpressed reservations do not control once the manifestations justify reliance by the other party.
Any communication in an appropriate manner that indicates the donee will not exercise the power contrary to the stated position releases the power to that extent. The release occurs because subsequent exercise would contradict the manifested intent.
No. Oral statements made directly to the promisee in a private setting, combined with subsequent performance induced by those statements, can constitute an objective manifestation sufficient to create an enforceable commitment.