Objective Test

Question 1

Are the facts plausible & reasonable to satisfy the first prong of the objective test?

Answer 1

• are the parties justified in believing was an offer
  
  • prior dealings?
• circumstances?

Question 2

To determine whether an offer (&/or acceptance) has occurred, and absent any shared subjective meaning, the courts use the objective theory
(can place in Mutual Assent def)

Answer 2

1) an average reasonable person in the recipient’s position would have understood it to be an offer (or acceptance) AND 2) whether the actual recipient underwood it to be an offer (or acceptance)

Question 3

Analysis of who may have understood what?

Answer 3

• lang sufficiently def. or certain?
  
  • –even if so, would a reas. person be justified in believing it?
• other party’s statement clear?
• price definite?
• details about time or place of performance?