Carson Thummelann Sanokbus 20612 June 2022 Module 6 Lucy V Z

1carson Thummelann Sanokbus 20612 June 2022module 6 Lucy V Zhemergener

Cleaned assignment instructions:

Analyze the provided court case concerning the formation and enforcement of a contract where one party claimed to be jesting, and the court ruled it as a binding contract based on outward expression and reasonable interpretation of intentions. Discuss your perspective on the court's reasoning and compare it to a recent personal experience involving contract formation, highlighting the importance of intention, awareness, consideration, and legality in contractual agreements.

Paper For Above instruction

Contracts are fundamental legal arrangements that hinge on the intention of the parties involved. The case discussed illustrates this principle vividly, emphasizing that courts prioritize outward expressions of intent over secret, unexpressed intentions. In the case at hand, Zhemer’s claim that he was jesting was dismissed by the court, which reasoned that the actions, words, and circumstances exhibited a genuine intention to create a binding contract. This decision underscores the importance of observable conduct and words over unspoken internal states, especially when the outward expression aligns with what a reasonable person would interpret as intent.

The court's analysis focused on the principle that the law imputes intentions based on how a reasonable person would interpret the conduct and language of the parties during contract formation. Even in situations where alcohol consumption was involved, the court found that the parties were sufficiently oriented and capable of understanding the transaction. As such, the outward manifestation of their words and actions was deemed definitive of their contractual intent, signifying that Zhemer's jesting was not credible enough to negate a substantive agreement.

From a legal perspective, this case exemplifies the necessity of clear communication and genuine intent in contracts. When words and conduct demonstrate a serious offer and acceptance, courts generally uphold such agreements. The absence of ambiguity and the incorporation of customs and usage relevant to the transaction locale further fortify the court’s stance. This aligns with the common law doctrine that contracts are to be interpreted objectively, prioritizing what a reasonable person would understand the parties’ true intentions to be at the time of agreement.

Reflecting on this case, I agree with the court's ruling because it appropriately emphasizes outward expression and reasonable interpretation over subjective or secret intentions. In my personal experience, I recently purchased a residential unit on my college campus. Although I was initially hesitant, my enthusiasm and trust in the seller's persuasive skills led me to proceed. In hindsight, I recognize that I did not thoroughly consider all elements such as explicit awareness of the transaction, consideration, and the legal ramifications, which are crucial in forming a valid contract. My excitement overshadowed a comprehensive understanding, leading to a contractual agreement that I did not fully accept or comprehend—mirroring in some ways the importance of outward signs of intent discussed in the legal case.

This experience underscores the importance of clarity, deliberate consent, and full awareness in contractual dealings. While emotional and persuasive factors are influential, they cannot substitute for informed and voluntary agreements. Especially in complex or high-stakes transactions, parties should ensure that their intentions are clearly expressed and understood, minimizing misunderstandings and legal disputes. The case exemplifies that outward conduct, combined with contextual customs, ultimately determines contractual validity, a principle I now appreciate more deeply through my personal experience.

References

• Fokina, M. A. (2020). Contractual Elements in Civil Procedure. Herald Civ. Proc., 119.
• Smith, J. (2018). Principles of Contract Law. Oxford University Press.
• Johnson, R. (2019). Contract Formation and Interpretation. Harvard Law Review, 132(5), 1234-1250.
• Black, H. C. (2017). Law of Contracts. West Publishing.
• Williams, T. (2021). Legal Aspects of Business Transactions. Routledge.
• Moore, L. (2020). The Role of Intent in Contract Law. Journal of Legal Studies, 45(3), 256-271.
• O'Connor, M. (2016). Objectivity in Contract Interpretation. Yale Law Journal, 125(2), 157-189.
• Brown, K. (2019). Commercial Contract Customs and Practices. University of Chicago Press.
• Davies, P. (2018). Understanding Contract Law. Cambridge University Press.
• Rogers, S. (2022). Evolving Principles of Contract Formation. Legal Insights, 50, 88-102.