CON · S01Why should a contract be binding?Asked in 4 of 7 papers (Jun ’22, Dec ’22, Jun ’24, Jan ’25)
A promisor uses words that ordinarily and clearly commit to delivery on Monday but privately intends Tuesday. The promisee reasonably takes the words at their ordinary meaning. In Fried’s reconsideration, which account best explains why contract law may hold the promisor to Monday?
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Why
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AThe promisor’s undisclosed intention always controls because legal obligation must exactly mirror private will.
BObjective meaning proves that autonomy and promise play no justificatory role anywhere in contract law.
CThe law may allocate misunderstanding risk to the speaker whose clear words reasonably induced Monday performance.
DObjective meaning applies only after the promisee proves fraud, so an honest undisclosed intention must prevail.
Rule
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