Contract law

‘[Contract] law…repeatedly makes reference to the parties’ intent – speaking of the “intention to be bound” as an important component of the formation process, or of the “intention to create legal relations” as an essential ingredient of a contract. “Intention” in these contexts does not refer to what a party may have actually meant or indicated: in contract law, we almost never try to assess a party’s actual intention. It refers, instead, to something objective – specifically, to what a reasonable person would have understood as the import of what the party said or did. If a party’s intention in saying or doing certain acts was not what a reasonable person would have inferred, the court will give effect to what the reasonable person would have inferred, not what the party intended.’

TT Arvind, Contract Law (2019, OUP, 2nd edn.), 22.

With reference to relevant case law and other materials, explain and critically analyse the above quotation and the area of law to which it relates.

Sample Solution

he degradation of “The Sportsman’s Paradise” hurts not only the environment, but also the economy. According to a 2012 study conducted by the Fisheries Economics of the U.S, the Gulf of Mexico marine industry employed nearly 20 million people across Alabama, Louisiana, Texas, Mississippi, and Florida. The commercial fishing location quotient (CFLQ) for Louisiana topped the region at 1.38. This basically means that the level of commercial fisheries employment in Louisiana is almost 1.5 times higher than the nationwide average. Louisiana’s landings revenue topped the southeast at $331 million, almost twice as much as the runner-up, Texas. Just to put into perspective the economic impact of fishing trips on the state, recreational fishing trips impacted Louisiana at $4 trillion, with total trip expenditures topping $2.8 billion. The Mississippi River Delta plays a major role in the economies of Louisiana and Mississippi; once this wildlife refuge becomes used up, people all across the southeast that rely on the marine economy will bear the negative effects, but not nearly as much as the wildlife that calls the Delta home.

Every winter, millions of birds fly down the Mississippi and Central flyways, on their way to warmer temperatures across the Gulf of Mexico. Ducks, geese, and other waterfowl rely on the Delta’s food-rich habitats, whether it be preparing for the 600-mile journey across the Gulf in the fall or recuperating after the flight back north in the spring. Therefore, the destruction of the Delta doesn’t only affect its yearlong residents; waterfowl hunters as far north as Canada feel the effects of the Paradise’s degradation. The entire North American duck hunting community relies on the Missi

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