Based on this discussion , what factors would be important in terms of serious contractual intent?

So now that we have dealt with the high-level questions of what we mean by voluntariness, what we mean by volition, we need to drill down and talk about the mechanics of the offer and the acceptance. The key to understanding this is that, if there is a valid offer, it creates, in the offeree, the power of acceptance. This power is the power to form a contract. And if the exercising of that power-- we call it acceptance-- is in the presence of consideration, capacity, and legality, then a contract becomes formed, and the parties are bound.

So it becomes critical to find out if, what words were stated or what gestures were made, actually constitutes an offer. So what, then, is an offer? An offer is a proposal made by an offeror to an offeree indicating what the offeror will give or promise to give in exchange for a specified promise or act from the offeree. So it can be unilateral, an act for an act, or an act for a promise. Or it can be bilateral, a promise for a promise.

So the critical question, then is, what are the elements that must be present for this to be an offer which results in this power of acceptance? Three elements-- first, there must be intent. We call it serious contractual intent. Now, you already know that we don't need actual intent. It is enough to have the appearance of actual intent. Would a reasonable person have thought that the party intended to be making an offer?

Second, there must be a reasonably clear and definite indication of a proposal. We need to know what the deal is. If we can understand enough about the deal for a party to understand whether they want to accept it or not, then there can't be an offer. And finally, the offer must be communicated to the offeree. The offeree can't accept it unless he knows of it, so it must be communicated.

So now what we need to do is take those three elements and drill down. We need to have a discussion to see what that really means.