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Posted: Thu Nov 22, 2012 9:15 am
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I think this question is referring to the objective theory of contracts. Famous case zehmer v. lucy - people are bound by how their conduct would be objectively understood. If I offer to sell you my land - although I am 100% joking - if my conduct would be objectively understood as a serious offer to sell my land - and you accept that offer (and we complied with all other requirements ie: Statute of Frauds etc.) - I would be bound by that promise to sell you my land even though I did not actually intend to be bound
edit: never mind - looked at the case you mentioned - you professor wants you to talk about implied or constructive conditions