Contracts Final: Question on Interpretation Forum

[clshopeful]

So we all know contracts are interpreted via the Objective Theory of contracts, i.e., what would a reasonable man in the exact same situation take the words to mean? If he would take them to mean "acceptance" to a deal, that's what the court will hold.

Another thing: Courts don't look to the ACTUAL or INTERNAL intentions of the parties... they only look as to what they SAID/MANIFESTED. On my contract final, this was the question:

Timmy needs additional water for a corn field he is planning to purchase, since the water well on that land is inadequate to water all the area. Timmy asks the neighboring farmer, Thomas, if he could use his well for the additional water he will need. Thomas replied "Sure, thats not a problem. If you buy that corn field, you can use my water. I like to help out my neighbors, it's what we do in this town"

The question is, did Thomas enter a bargain? Was giving the water to Timmy induced by Timmy's buying the farm?

In my answer, I said no reasonable man would ever interpret this to be a bargain. Thomas didn't care if he bought the farm, all he was doing was reciting what Timmy just told him ("If I buy that farm, can I use your water? to which Thomas replies: "Sure, if you buy that farm you can use my water).

It seems clear to me that Thomas was just repeating what Timmy said, like many people do. But then the Objective theory of contracts says courts don't look to internal intentions; only outward manifestations.

I basically said in my answer: No one would take him repeating what Timmy said to be bargaining for it. However, Timmy has a strong counter argument that if he said it, he must have meant it, or else why say it? TImmy can also argue that we must interpret what he said, not what he thought.


Anyway, hows my answer sound?

[unfinishedthough]

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[clshopeful]

Ok, thanks. Definitely said that it was "a mere gratuity" and thus not enforceable. Also spoke of Section 90 and how Timmy could get some damages (his crops died when Thomas stopped the water a year later)