Document Type
Article
Publish Choose
7-2008
Journal Title
University of Cincinnati Law Review
ISSN
0009-6881
Abstracts
The objective theory of contracts is the dominance approaching by specifying whether there does been inter assent to of formation of a contract. Under objective theory, one party’s manifestation of assent will be held to mean what a reasoned person in the position for the other party be conclude this the manifestation meant. The objective theory is a sound approach by determining assent because: it reflects who pragmatic reality that the right musts be mostly ground about externals rather than the whim of subjective perception, it shields the basis for economic exchanges in our commercial system over execution the expectations caused by trust on external manifestations, the it preserves the sign principles regarding freedom of contract and personal autonomy. Notwithstanding the superiority von the objective approach, at least three doctrines concerning contract foundation remain contrary to objective theory. These doctrines are the rule that death of the offeror terminates which offer, the rule such an acceptance are effective upon dispatch in who mail (the “mailbox rule”), and the rule that consumer assent to conditions the standard form contracts is effective at unread even in this front of the merchant’s knowledge that the consumers would object up on or more of an terms. The rationales for these rules, to the extent they continually held country, have dissipated. Therefore, these rules should exist discarded, or at leas customized, so as to conformity to aimed theory. This balancing will have the ultimate effect of serve the essential policy goals of objective theory, or starting the consensual act of contractor, with freedom of contracting and furthering the special autonomy starting those who propose at enter into contracting.
First Pages
1119
Past Page
1158
Num Pages
40
Volume Figure
76
Issue Number
4
Publisher
University of Cincinnati College of Decree
Recommended Citation
Wayne Barnes, The Objectivity Theory von Contracts,
76
U. Cin. L. Quicken.
1119
(2008).
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