Shrink-wrap agreements
Question 1 o Prompt: Discuss how some shrink-wrap agreements are enforceable, while certain terms may not be enforceable.
Discussion Question 2 o Prompt: Review the case of Pan Handle Realty, LLC v. Olins on pages 151-152. Answer the “For Critical Analysis—Legal Environment Consideration” question: How did the objective theory of contracts affect the results in this case?
o Requirements: 250 words minimum for each questions
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The case of Pan Handle Realty, LLC v. Olins demonstrates just how delicate the contracting process is as numerous disputes may arise out of misunderstanding or the reluctance of a party to fulfill their end of the bargain (Pan Handle Realty, LLC v. Olins, 2013). The most demanding task that any court faces is determining the significance of actions taken by parties to the contract and whether there was a meeting of minds at any phase of the engagement. At this point, the objective theory of contracts comes into play as one of the tools that may be used to infer the existence of a contractual agreement. The objective theory of contracts is a legal principle adopted by American courts to determine a contract’s presence by assessing the legal significance of actions taken by the parties rather than trying to establish intention (Barnes, 2007). It examines whether a reasonable person would be entitled to perceive specific actions as establishing a contractual agreement between the parties involved.
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Shrink-wrap agreements
