Thomas v. Chance’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether there was a mutual assent, courts apply an objective theory of intent whereby one party's intention is deemed to be that meaning a reasonable man in the position of the other contracting party would ascribe to the first party's manifestations of assent, or that meaning which the other contracting party knew the first party ascribed to his manifestations of assent. ... [T]he circumstances surrounding the making of the contract, such as correspondence and discussions, are relevant in deciding if there was a mutual assent to an agreement. Where such extrinsic evidence exists and is disputed, the question of whether a party has assented to the contract is generally a matter for the jury. ... [A]ssent may be implied from the circumstances, and the conduct of the parties.”

   1 later decision quote this exact passage
   e.g. The Turfgrass Group, Inc. v. Georgia Cold Storage Co.

2. “the assent of the parties to the terms of the contract.”

   1 later decision quote this exact passage
   e.g. The Turfgrass Group, Inc. v. Georgia Cold Storage Co.