of party intent may be too narrow, scant, or unreliable to get at their subjective intentions in the past.

§ 1.1.2. Other Goals

There are other goals that may need to be weighed along with the contractual freedoms. They may not have as much weight as the parties’ intention. Contractual freedom surely is a weighty value. The other goals, however, are significant and may outweigh the contractual freedoms in some circumstances.

One important accompanying goal is to foster the security of transactions. This goal also draws support from the Rule of Law value of predictability. The contract, as well as the law, ideally should leave parties clear about their rights, duties, and powers. As above, predictability encourages performance, discourages disputes, and fosters settlement. It also makes it easier for a party to assign its contract rights or for third parties to rely on the contract. The security of transactions requires that we protect reasonable expectations arising from, and reasonable reliance on, promises. Security in this respect is a goal of contract law generally. It is important with respect to interpretation, especially when a contract is in writing. A promise may be ambiguous. Expectations arising from, and reliance on, one of several meanings of a contract may be more reasonable. If so, that expectation and reliance should be protected, all else being equal.

A part of the goal of fostering the security of transactions is that of holding people responsible for their manifestations of intention when it is fair to do so. As indicated, it is difficult to discover what was in a party’s mind when the contract was made. The contract document and other objective evidence, by contrast, can evidence a party’s manifestations of intention more reliably. The rules of offer, acceptance, and consideration focus on manifestations of intention, not mental intentions.12 According to the primary versions of subjectivism, however, key aspects of contract interpretation do not so focus.

A further goal is to foster the peaceful settlement of disputes nonarbitrarily, in accordance with the Rule of Law. This goal is a primary function of the courts generally. It calls upon Rule of Law values, such as those of giving reasons for a judgment, treating cases consistently, employing

12 RESTATEMENT (SECOND) OF CONTRACTS § 200, cmt. b (1981).