Author Question: Why do courts generally use an objective standard in analyzing contractual situations instead of a ... (Read 23 times)

xclash · **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

xiazhe · **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