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Words: 3,000 | Submitted: Tue Mar 25 2008
... examine the problems of objectivity, and if commerce and fairness are concepts that are equally balanced in contracts fairly. Also, it will examine whether objectivity is the most efficient way for the courts to adjudicate contracts as a whole, or whether a subjective approach could be used with the law of contract. It is unfeasible to completely disagree with Adams and Brownsword on the notion of objectivity. Scrutinizing outward appearances to challenge the intentions of contractors rather than 'speculating upon the actual state of mind of the parties,'1 stands as the most pragmatic and dependable way in viewing contracts. Supporters such as Lord Denning illustrated this idea as such in Storer vs. Manchester City council2. Nevertheless objectivity does have a key role in contract law since it helps adjudicate the way in which business should be conducted in the market place and can create a sense of certainty and independence ...
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