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Author Question: Why do courts generally use an objective standard in analyzing contractual situations instead of a ... (Read 59 times)

xclash

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on: Jun 24, 2018
Why do courts generally use an objective standard in analyzing contractual situations instead of a subjective standard?

Question 2

Lingering apparent authority results from:
 A) the failure to give notice of termination.
 B) ratification.
 C) the lack of capacity on the part of the principal.
 D) None of the above


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xiazhe

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Reply #1 on: Jun 24, 2018
Answer to Question 1

When a court is examining a contract, the totality of the circumstances is explored. The objective view, such as what was said, what was written, and how someone acted, typically can be determined; why someone did as he or she did - the subjective standard - may never be detected or known. Courts seek as much certainty as they can get to make their decision.

Answer to Question 2

A


xclash

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Reply 2 on: Jun 24, 2018
Thanks for the timely response, appreciate it

sultansheikh

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Reply 3 on: Yesterday
Wow, this really help

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