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Question
Mick sues Keith for allegedly breaching a contract to paint Mick's house. Mick's complaint says that the contract was entered into after a long conversation one night at a bar during which Keith kept asking for one of Mick's old Chuck Berry records. According to the complaint, Mick made the following proposal to Keith: "You can have the Chuck Berry record if you paint my house by Monday morning." The complaint further alleges that Keith responded to the proposal by saying, "Yeah, right. Whatever. Now let's get the record." Mick gave him the record, but Keith never painted Mick's house. In his answer to Mick's complaint, Keith claims there was no contract because he thought the conversation was a joke and he had no intention to enter into a contract to paint Mick's house. Based on the reasoning in Case 11.1, Lucy v. Zehmer, when determining whether Keith intended to enter into the agreement Mick proposed at the bar, the court will probably give the greatest weight toa. Keith's testimony regarding his subjective intent.
b. the testimony of others regarding Keith's subjective intent.
c. objective evidence of Keith's words and conduct and the circumstances of the conversation between Mick and Keith at the bar on the night in question.
d. the market value of the Chuck Berry record.
Answer
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