You Asked for it, You Got it...Toy Yoda: Practical Jokes, Prizes, and Contract Law

Abstract

This article explores the contractual intent, assent, and consideration issues underlying offers or acceptances made in jest, reward offers, contests, and related topics, including some historical discussion of the judicial and scholarly shift from subjective to objective assent, as well as a discussion of shared subjective assent overcoming contrary objective manifestations. In addition to its scholarly value, this article is an excellent supplement to casebook materials on and hornbook discussions of contract formation and consideration.

Keywords: contract, contract formation, offer, accept, mutual assent, subjective assent, objective assent, jests, jokes, contests, reward offers, consideration

JEL Classification: K12