Explain the process followed by the court to determine the intent of the parties to enter into a contract if a dispute arises before the written draft of agreement is created.

What will be an ideal response?


The courts determine the intent of the parties by applying the objective test of what a reasonable person familiar with the circumstances would be justified in believing the parties intended. If it appears that the parties concluded their negotiations and reached agreement on all the material aspects of the transaction, the courts will probably conclude that a contract resulted at the time when agreement was reached. The failure of the parties to sign the writing is therefore unimportant. If, on the other hand, it appears that the parties were still in the process of negotiation at the time the dispute arose, the courts will probably find that no contract was created.

Business

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Didi carefully considers price, sound quality, and the size of a new stereo system. The sound quality is the most important factor, followed by the price. The evaluation model being used by Didi is:

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Indicate whether the statement is true or false

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