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Commercial Contract Assessment - Essay Example

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For instance, there will not exist a valid contract when a counter offer is made. Further, intention of party will be primarily looked…
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Commercial Contract Assessment
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Commercial Contract Assessment

Download file to see previous pages... A reasonable person is an imaginary person created by judges. Thus, a reasonable man is one who is an ordinary “Joe" type of character.
According to Howarth (1984), promisor or promisee objectivity is one where a reliable person stands on the shoes of either the promisor or promisee and looks at the incidents from that angle. A detached objective is one where a reasonable person sees if he were in other person’s position, but looks at the incidents, as if “ he is a fly on the wall”. (Taylor & Taylor 2007:22).
Spencer also recognised a “ fly on the wall theory” and also known as “ detached objectivity” by Howarth, according to which the phrases employed by one contracting party must be assessed, not as they seemed to his co-contracting party, but as they would have seemed to a rational man following the negotiations. (Vorster, 1987).
In Upton-on-Severn R.D.C. v. Powell, where D was authorised to have the services of the fire brigade specified to his province free of charge, whereas he had no such privilege to the assistance of fire brigades from other areas. D, in the mistaken belief, called upon the Upton fire brigade that he resided in their region. The Court of Appeal held D was needed to pay for the services enjoyed contractually. Thus, Lord Greene M.R.s verdict “appears to be most exceptionally destitute of any ratio decidendi.” The verdict is in tune with the “fly on the wall” theory, as the fire brigade had not come to a conclusion, nor would a reasonable person in his status have come to a conclusion, from Ds demand for assistance that an offer to reimburse for their services was being made. (Vorster 1987).
In “Butler Machine Tool Co. Ltd. v Ex-Cell-O Corporation (England) Ltd [ 1979] 1 ER 965” the vendor delivered to the purchaser the printed, tear-off acknowledgement slip which was part and parcel of the order. It read as “we acknowledge your order on the ...Download file to see next pagesRead More
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