Law 5110 Study Guide - Quiz Guide: Pacta Sunt Servanda, Meeting Of The Minds, Soft Law
Document Summary
Intention of the parties to create legal relations. English law: the absence of a meeting of the minds prevents the contract from coming into being. But whether there is a meeting of the minds is assessed objectively: reasonable reliance on a party"s declaration will bring the contract about. German law: objective approach, taking into account what a reasonable person would have interpreted regarding the principle of good faith and to business customs. 3:35 bw: prohibits a party to invoke the discrepancy between intention and declaration against someone who could reasonable rely on this party"s declaration. 2:102 pecl: the intention of a party to be legally bound by contract is to be determined from the party"s statements or conducts as they were reasonably understood by the other party. French law: gives weight to the subjective intention of the party, rather than using the objective approach.
