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MMLU / A man entered a local retail store and approached the proprietor. The man…

Problem

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question

A man entered a local retail store and approached the proprietor. The man explained that he was participating in a local run for charity and wondered if the proprietor would be interested in sponsoring him. The proprietor believed the publicity would be good for his business and agreed, provided the man would wear a shirt with the retail store's logo on it during the run. The man readily agreed. The proprietor thought that sponsorship meant paying a set fee for every mile covered during the charity run. However, the man expected the proprietor, in addition to paying the fee for each mile coverçd during the run, to also pay his entrance fee and be in attendance at the finish line to greet the man when he finished the charity run. Assume that the man and the proprietor entered into an enforceable contract. Which of the following, if true, would not help to establish that the manifestations of the parties were operative according to the meaning adjudged by the proprietor?

choices

  1. The customary practice of the other chrity runs in the community is the same as the proprietor's understanding, that the sponsor be responsible for paying only a set fee for each mile covered during the charity run.
  2. A reasonably objective individual would have attached the same meaning to the manifestations of the parties as did the proprietor.
  3. At the time the agreement was entered into, the man had reason to know the proprietor's understanding of what the parties meant, although the proprietor did not know the man's understanding was different from his.
  4. The proprietor subjectively believed that the man understood that the proprietor would only be obligated to pay a set fee for each mile covered during the charity run.

subject

professional_law

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