Question

1.) How can someone be held to have made a contract when the necessary acceptance was...

1.) How can someone be held to have made a contract when the necessary acceptance was "in secret jest"? In other words, why must a joke be visibly a joke to a reasonable observer for there to be no acceptance?

Homework Answers

Answer #1

As per the judgements relating to these cases are concerned, a joke must be visible a joke to a reasonable observer for there to be no acceptance because , a person cannot set up that he was merely jesting when his conduct and words would warrant a reasonable person in believing that he initiated a real agreement.

Hence , if his acts are in such a way which may appear to a reasonable observer as true, he can be held to have made a contract when the necessary acceptance was "in secret jest".

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