Hợp đồng & Thực hiệnCâu 796 / 1605
Under the objective theory of contracts, whether a binding agreement exists is determined by:
a.The party who drafted the document
b.Whichever party can prove better faith
c.The parties' outward words and conduct as a reasonable person would understand them
d.The secret, subjective intent hidden in each party's mind
Giải thích
Courts apply the objective theory of contracts: mutual assent is judged by the parties' outward expressions, words and conduct, as a reasonable person would interpret them, not by unexpressed private intentions. A party's secret intent not to be bound is irrelevant if their outward conduct manifests agreement. This protects reasonable reliance on what people actually say and do.
Luyện miễn phí toàn bộ 1605 câu hỏi — không cần đăng ký.
Câu hỏi liên quan cùng chủ đề
- Consideration in a contract is best defined as:
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- A contractor mails a written acceptance of a subcontractor's offer. Under the traditional 'mailbox rule,' acceptance by an authorized means is generally effective when:
- A promise to make a gift, with nothing given in return, is generally:
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Sen Lin, Người sáng lập PrepPass · Đối chiếu với California CSLB Contractor License Law & Business Exam · Quy trình kiểm tra
Người kiểm duyệt Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — kiểm tra)