Smith v Hughes

JurisdictionEngland & Wales
CourtQueen's Bench Division
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328 cases
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2002 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 ......
  • Daventry District Council v Daventry & District Housing Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 May 2011
    ...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
    • Australia
    • High Court
    • Invalid date
  • Overseas Union Bank v Lew Keh Lam
    • Singapore
    • Court of Appeal (Singapore)
    • 26 August 1998 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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1 firm's commentaries
  • Whether Electronic Communication Forms A Legally Binding Contract?
    • Canada
    • Mondaq Canada
    • 24 June 2022
    ...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
  • Defining the Obligation to Perform
    • United States
    • Contract Doctrine, Theory & Practice. Volume Two
    • 11 March 2012
    ...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......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2015, December 2015
    • 1 December 2015
    ...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......
  • Mistake
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...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 ......
  • The Emotional Dynamics of Consent
    • United Kingdom
    • Journal of Criminal Law, The No. 79-6, December 2015
    • 1 December 2015
    ...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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