Legal analysis: When determining the legal nature of a letter of intent, one cannot just generalize from the name and other forms. It is necessary to judge whether the content of the letter of intent is specific and certain based on the provisions of relevant laws and judicial interpretations and the actual transaction situation. ; Whether the parties expressed intention to be bound by the letter of intent when signing it; whether the letter of intent violates the mandatory provisions of laws and administrative regulations; whether a formal contract is concluded after signing the letter of intent, etc. will be comprehensively reviewed and determined.
If the subject matter and quantity in the letter of intent are uncertain, and the parties only want to express an intention to cooperate, but lack an expression of intention to be bound by it, it should generally be regarded as a negotiation document; on the contrary, if the subject matter in the letter of intent is unclear, , price, payment method and other elements have been clearly agreed upon, and there is no validity exclusion clause in the letter of intent, it should generally be recognized as a contract; and if it is expressly agreed to sign the letter of intent within a certain period of time, even if the content is stated in the contract, it will be regarded as a contract. It is accurate and should generally be characterized as an appointment contract.
Legal basis: "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Sales Contract Dispute Cases" Article 2 The parties sign a subscription contract, order book, reservation letter, letter of intent, memorandum and other appointment contracts to agree in the future If a sales contract is concluded within a certain period, and one party fails to perform its obligations in concluding the sales contract, and the other party requests that it bear liability for breach of contract or requests to terminate the reservation contract and claims damages, the People's Court shall support the request.