Smith v Hughes
| Jurisdiction | England & Wales |
| Date | 1870 |
| Year | 1870 |
| Court | Queen's Bench Division |
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328 cases
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Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
...to say that a mistake as to substance would make a contract void at English law. 60 The other case to which Lord Atkin referred was Smith v Hughes (1871) LR 6 QB 597. On no view did that difficult case deal with common mistake and we are not able to see how it supported the test formulated ......
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Daventry District Council v Daventry & District Housing Ltd
...of the price formula was accepted. In support of this approach Professor McLaughlan cited the classical statement of Blackburn J in Smith v Hughes (1871) LR 6 QB 597, 607 on the formation and construction of a contract: "If whatever a man's real intention may be, he so conducts himself that......
- Young v Tibbits
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Overseas Union Bank v Lew Keh Lam
...is the objective intention of the parties that the court is seeking to construe. As succinctly stated by Blackburn J in Smith v Hughes [1871] LR 6 QB 597: 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 term......
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3 firm's commentaries
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Signing Twice On The Dotted Line (Caveat Subscriptor, Quasi-Mutual Assent And Credit Applications Incorporating Suretyships)
...one must take cognisance of the doctrine of quasi-mutual assent which underlies the doctrine of caveat subscriptor. In Smith v Hughes (1871) LR 6 QB 597 at 607 the doctrine was defined as follows: 'If, whatever a man's real intention may be, he conducts himself in such a way that a reasonab......
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Festivities And Fun ' Know Your Claims From Your Disclaimers ' Be On The Lookout For Disclaimers When Entering Parks, Malls, Resorts And Similar Entertainment Establishments
...the doctrine of quasi-mutual assent comes into play. The doctrine was described as follows by Blackburne J in Smith v Hughes (1871) LR 6 QB 597: "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 propose......
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Whether Electronic Communication Forms A Legally Binding Contract?
...the approach to be taken in Hoban Construction Ltd. v. Alexander [2012 CarswellBC 416 (B.C. C.A.)]: [34] In Smith v. Hughes (1871), L.R. 6 Q.B. 597, in a widely-cited passage at 607, Blackburn J. formulated the test applicable to the question of whether parties have effectively agreed to en......
24 books & journal articles
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Defining the Obligation to Perform
...and the extract cited therefrom in the opinion of my brethren, clearly sustains the views I have taken. See, also, Smith v. Hughes , L.R. 6 Q.B. 597; Carter v. Crick , 4 Hurl. & N. 416. [24] According to this record, whatever the mistake was, if any, in this case, it was upon the part of th......
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Contract Law
...Leong gen ed) (Academy Publishing, 2012) at paras 03.006–03.014). Indeed, as Blackburn J said in the classical case of Smith v Hughes(1871) LR 6 QB 597 at 607, regardless of a man's real intention, he would be bound if his conduct reasonably leads another party to enter into a contract with......
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Mistake
...of the agreement entered — typically by executing a written agreement — by the mistaken party. These are cases of non est factum . 6 (1871), LR 6 QB 597 (Div Ct). 7 Ibid at 607. THE L AW OF CONTR ACTS 580 If the doctrine is applicable, the mistaken party is allowed to assert that he or she ......
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The Emotional Dynamics of Consent
...of contract.115. Ibid. at 336–337. This may be compared to the objective doctrine of agreement expressed by Blackburn J in Smith vHughes(1871) LR 6 QB 597 at 607.116. To adopt the formulation used by Lord Wilberforce in DPP for Northern Ireland vLynch [1975] AC 653 at 679–680, it maybe a ca......
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