LAW 122 Lecture Notes - Lecture 6: Objective Test, Posting Rule
21 Dec 2016
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Remember: generally, doesn"t have to be in writing to be enforceable. Intention to create legal relations: meeting of the minds (offer and acceptance, exchange of value (consideration) Parties must intend to create legal relations. Why an objective test: difficult to prove subjective intent at trial, contract law aims to protect reasonable expectations. General rule: there is a presumption of intent in commercial dealings and against intent in social and family context. Fobasco v. cogan (1990): you be the judge 7. 1, pg. There was a long-standing arrangement, but no proof that eddie intended to relinquish ownership of the season"s tickets (i. e. by transferring the tickets into david"s name) They are business people, did not clearly outline their rights and obligations. Viewed objectively, if they had intended the arrangement to be something more than a favor between friends, they probably would have made it clear that they had entered into contractual relations.
