A declaration of intent begins with a deliberate and voluntary expression. If we’re talking about a unilateral declaration of intent, the process is already complete.
A declaration of intent that requires communication is different. In this case, the statement must be directed at the recipient. In addition, you must differentiate between recipients 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.
There are two problems that can arise with a declaration of intent that requires communication:
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 recipient at this stage. This is the case, for example, if a landlord overhears a conversation between two tenants, where one states: “I have a new job. In two months, I’ll be terminating my lease.” Although this statement was intended for the landlord, 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 landlord’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 recipient. 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 completed order form for a new dishwasher 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 behaviour by way of negligence, then the recipient can deem the transaction as binding.