(Sort of related to the post right below this, but only extremely tenuously.)
Some reader who's gone to law school: Can anyone explain, better than I'd be able to explain it off the top of my head, how and why contract law came to deemphasize a party's subjective intent (focusing instead on an objective manifestation of the intent)?
Posted by Matt Bruce at December 30, 2004 11:33 AMI don't recall ever learning why but my instinct is that it has to do with the difficulty in proving subjective intent. Since it's rare in a contract case that lives are on the line (as opposed to having to prove subjective intent in a murder case for example) I imagine it was just easier to go with the objective standard.
Posted by: Hyph at December 30, 2004 12:30 PM