If, whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus... Jurisprudence, Law and Ethics: Professional Ethics - Page 232by Edgar Benton Kinkead - 1905 - 381 pagesFull view - About this book
| Sir William Reynell Anson - 1879 - 486 pages
...would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the...had intended to agree to the other party's terms.' Mistake as to the subject-matter of a contract will only avoid it in three cases. (a) Mistake as to... | |
| William Williamson Kerr - 1883 - 640 pages
...by the other party, and that other party, on that belief, enters into a contract with him, the party thus conducting himself would be equally bound as...he had intended to agree to the other party's terms (m). Mistake of one When the mistake of one party to a contract is known to the parev known to 1-1... | |
| Sir William Reynell Anson - 1884 - 458 pages
...was assenting to the terms proposed by the other party, and that other party upon that belief Centers into the contract with him, the man thus conducting himself would be equally H™ghcs L. bound as if he had intended to agree to the other party's R.6Q.B., . at p. 6o7. terms.... | |
| Thomas Erskine Holland - 1886 - 402 pages
...language held in 1871 in the case of Smith v. Jfuyhes1, when CHAP. xn. Mr. Justice Blackburn said : ' If, whatever a man's real intention may be, he so...he had intended to agree to the other party's terms 2.' In other words : the legal meaning of such acts on the T^6 newer • • theory part of one man... | |
| South Australia. Supreme Court - 1886 - 212 pages
...would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the...had intended to agree to the other party's terms." So much for what the parties respectively understood the bargain to be on the 28th of November. Next,... | |
| 1922 - 956 pages
...assenting to the terms proposed by the other party, and that other party upon that belief enters into a contract with him, the man thus conducting himself...bound as if he had intended to agree to the other man's terms." Cockburn, CJ, in Smith v. Hughes, 6 LR QB 697, 707. McGarrigle v. Green, 76 Conn. 398,... | |
| Henry Anselm De Colyar - 1887 - 394 pages
...contract. he was assenting to the terms proposed by the other party, and that the other parly, upon that belief, enters into the contract with him, the...he had intended to agree to the other party's terms (y). So where the defendant (by mistake) chose to sign a guarantee which gave full effect to the plaintiff's... | |
| Thomas Erskine Holland - 1888 - 448 pages
...was the language held in 1871 in the case of Smith v. Hughes 3 , when Mr. Justice Blackburn said: ' If, whatever a man's real intention may be, he so...he had intended to agree to the other party's terms 4.' The newer I D other words: the legal meaning of such acts on the theor y part of one man as induce... | |
| Theophilus Parsons - 1893 - 928 pages
...would believe he was assenting to the terms proposed by the other party, and that the other party upon that belief enters into the contract with him, the...had intended to agree to the other party's terms." Smith c. Hughes, LR 6 QB 597, 607. An equally strong statement is made by Holmes, J., in Mansfield... | |
| Sir William Reynell Anson - 1895 - 536 pages
...party upon that smith v. belief enters into the contract with him, the man thus conducting K. 6Q. B. at himself would be equally bound as if he had intended to agree to the other party's terms.' As regards the quantity and the price of the subjectmatter concerned, a man's statement must usually... | |
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