 On the standard picture, contractual obligations are grounded in the parties’ promissory intentions, or in such intentions as might reasonably be inferred from the parties’ speech acts. The standard picture needs a philosophy of action if modern doctrine is to be convincingly justified. The demands of mass contracting mean that contracts are often entered into without bespoke drafting or indeed any dickering at all. The law finds contractual obligations in such thoughtless acts as selecting “I agree” on a software license form without reading its terms (Rakoff 1983; Barnett 2002; Radin 2014). Form-drafters usually have reason to know that such actions are thoughtless and, also, that the average consumer is generally not in the position of being able to bargain for better terms. Indeed, form-drafters often arrange their contractual practices to make bespoke bargaining impossible, for example by having their forms presented electronically or by employees who are not empowered to modify terms. The reasonableness of imputing promissory intent in such circumstances seems questionable (Radin 2007; 2014).