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The law DOESN'T decide, that's the whole point of negotiation. The parties to the negotiation decide when they have reached consensus on the matter at issue. THEN, they present their agreement to the court which will then issue a court ruling based on their agreement. The only time the court will become involved is when the negotiations have reached an impasse thereby forcing the court to hear the case and decide the issue based entirely on provisions of the law . . , which may not necessarily work in either party's favor.

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12y ago
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2d ago

The law typically looks for evidence of a "meeting of the minds" between the parties to determine if they have reached agreement. This can include the presence of an offer, acceptance of that offer, consideration (something of value exchanged), and an intention to be legally bound. Written contracts are often used to provide clear evidence of agreement.

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Q: How the law determines wether negotiating parties have reached agreement?
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