داستان آبیدیک

subjective intention


فارسی

1 حقوق:: قصد ذهنی

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. None of the functions of standardization would work as well if the various departments in party firms or allied firms could not rely on writ ten contracts without investigating the parties' subjective intentions to integrate or not. They generally do not investigate the parties' subjective intentions, the course of negotiations, or the extrinsic circumstances when the contract was made, on the question of integration. Their expectations and reliance may be reasonable due to the costs to a third party of investigat ing the parties' subjective intentions, if such investigations are feasible without rights to discovery like those in litigation, and even if then. These goals justify imposing an objective result even in the theoretical case in which the parties' subjective intentions are otherwise, and even when the relying third parties do not have rights.

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