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Courts stick to objective (reasonable person) standards when evaluating offers and
acceptances. Juries are not asked to "get inside someone's head", they are instructed to
determine what a reasonable person would think of offerors' and offerees' statements. Is
this practice reasonable? Would it be better if the law directly considered whether people
wanted to make contracts (subjective intent of each individual)? Why or why not?

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Courts stick to objective reasonable person standards when.pdf

  • 1. Courts stick to objective (reasonable person) standards when evaluating offers and acceptances. Juries are not asked to "get inside someone's head", they are instructed to determine what a reasonable person would think of offerors' and offerees' statements. Is this practice reasonable? Would it be better if the law directly considered whether people wanted to make contracts (subjective intent of each individual)? Why or why not?