Before piteous on to the minute details of the case, it is important to look at the general approach assumed by the court. The court when transaction with alleged breaches of contract takes on a very nonsubjective approach. As Blackburn J. said in the case of Smith V. Hughes, If whatever a mans real intention may be, he so conducts himself that a reasonable man would believe that he was admittance to the terms proposed by the otherwise companionship and that other party upon that belief enters into the contract with him, the man thus conducting himself would be evenly bound as if he had intended to agree to the other partys terms. The commercial justification for the adoption of this method is that it minimizes the risk of uncertainty.
erst two parties enter into a contract, they can not go back on their word on the grounds that they did not intend to bind themselves into a legal contract as in the case of Centrovicial V. Merchant Investors Assurance Company Ltd. The court when dealing with a breach of contract also redefines the terms and conditions of the contract bearing in mind the negotiations that have taken place. In doing so, it usually adopts the last shot rule. As soon as an unequivocal offer is mirrored by an unequivocal acceptance, a contract is officially formed. This is the approach used in the star(p) case of Butler V. Ex-Cell-O Corporation. This does bring excessive rigidity to the...If you lack to get a full essay, order it on our website: Ordercustompaper.com
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