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)
... ... Mr Justice Toulson Royal Courts of Justice Strand, London, WC2A 2LL (Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) ... 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 by ... ...
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Daventry District Council v Daventry & District Housing Ltd
...he did not intend. 178 However, the present case has special features. Mr Roebuck well knew what terms Mr Bruno was meaning to offer. Smith v Hughes is authority that where one party knows the terms which the other party is meaning to put forward, he cannot hold the other party to a differe......
- 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......
33 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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Where the Action Is: Macro and Micro Justice in Contract Law
...OUP, 1999) 277-278.85 R. Bigwood, Exploitative Contracts (Oxford: OUP, 2003) 61.86 ibid, 80 (emphasis in original).87 Smith vHughes (1871) LR 6 QB 597; OT Africa Line Ltd vVickers plc [1996] 1 Lloyd’s Rep 700.88 A. Bur rows, A Restatement of the English Law of Contract (Oxford: OUP, 2016) 2......
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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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