In applying the objective theory of contracts,the pertinent question to ask is: "Would a hypothetical reasonable person conclude that the parties intended to create a contract after considering the words and conduct of the parties and the surrounding circumstances?"

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The objective theory of contracts considers whether a hypothetical reasonable person would conclude that the parties intended to create a contract based on their words, conduct, and circumstances.

In Applying the Objective Theory of Contracts,the Pertinent Question to Ask