Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Let's recap: Remember that in order to form a contract the parties must have a meeting of the minds in other words, there must be
Let's recap: Remember that in order to form a contract the parties must have a "meeting of the minds" in other words, there must be an agreement to form a contract. Accordingly, the element of intent is of prime importance. In contract law, intent is determined by what is called the objective theory of contracts, not by the personal or subjective intent or belief of a party. The facts are interpreted by a reasonable person standard (rather than by the party's own secret, non-spoken, or subjective intentions) such as what the party said when entering the contract and the circumstances surrounding the transaction. For this assignment, respond to the following: (1) Is it fair for a court to hold that parties are bound in contract even though one of the parties later claims that he/she did not intend to form a contract? (2) Generally, should the courts give more weight to subjective intent in determining whether a contract has been formed? Why or why not. (Please include what is meant by "subjective intent" in your response.) Please address completely each question above in your post
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started