داستان آبیدیک

manifestation of intention


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1 حقوق:: ابراز قصد

In the great run of interpretation cases, there probably is no difference between the parties' subjective intentions to integrate (or not) and their manifestations of intention to integrate (or not), in the written document. Here, the relevant version of formal ism holds only that contract parties should be held to the intention evi dent from their manifestations of intention, even when such an intention is at odds with what they had in mind. This goal encompasses the sub-goals of protecting reasonable expectations arising from, and reasonable reliance on, promises, and of holding parties to their manifestations of intention when fair. Consequently, it may be justified to follow the parties' intention as constituted by their manifestation of intention, understood reasonably, on the question of integration. The law of contract formation is objec tive, even under the Restatement (Second), which provides: An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.8 Similarly, An acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.9 The parties thus make contracts on the basis of their manifestations of assent (or manifestations of intention), not hidden intentions even when shared.

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