A declaration of intent begins with an outwardly explanation: a deliberate and voluntary one. If we’re talking about a unilateral declaration of intent, the process is already complete.
It’s different with a declaration of intent that requires communication, though: In this situation, the statement must be made towards a receiver. In addition, you must differentiate between receivers who are present and absent. A person that’s present will instantly receive the declaration of intent, while for those absent the transaction is only successful once it has followed a delivery process. For example, by placing a letter into the letterbox, the transaction to those absent is regarded as complete.
When a declaration of intent that requires communication is stated, two problems can arise:
Incidental information: In this case, one party provides a declaration of intent, and is made aware of something intended for them, just ahead of time. The declaration of intent shouldn’t have reached the receiver at this stage. This is the case, for example, if the lessor on the ground floor overhears the conversation between two tenants on the first floor, where one states: “I have a new job, in two month’s I’ll be terminating my lease.” Although this statement was intended for the lessor, it shouldn’t have reached him yet. He has only overheard the statement by chance. In this case, the declaration of intent is not regarded as received, since the tenant didn’t willingly bring it to the lessor’s attention.
Lost declaration of intent: It’s possible that a person formulates a written declaration of intent and signs it without bringing it to the attention of its receiver. Should a third person get involved with the declaration of intent, without the knowledge and against the will of the declaring party, then its validity is not granted. An example: Business owner B leaves a filled-in order form for a new dishwasher for the lunchroom on her desk. Her secretary assumes that the order should be placed as soon as possible and sends it off.
The declaring party (= B) has not made a declaration of intent with the intention to act. The declaration was not submitted. But in legal speak, there is another opinion: If B provoked this behavior by way of negligence, then the receiver can deem the transaction as binding.