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This however could lead to an untruthful representation of a party’s intention, which if provable, may in turn lead to legal action for fraud. Although, how would it be possible to prove a person’s opinion is a lie? As Brian CJ stated in 1478, ‘the intent of a man cannot be tried, for the Devil himself knows not the intent of a man’ (Anon, 1478).
Contractual agreements are made to convey a promise between parties. If the subjective approach were taken then a party could be made exempt from liability for breaking an agreement by saying that they had originally not intended to make such an agreement...
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