There cannot be a contract when the promisee knows or ought to know that the promisor does not intend to contract on the stated terms. The plaintiff might be able to negate any binding agreement by showing that the defendant ought to have known that the plaintiff’s offer contained an error. In this case there was no proof ‘that the defendants either knew or ought reasonably to have known of the plaintiffs’ error. The non mistaken party need not show that as a result of entering into that contract he has suffered any actual detriment
Citations:
Times 08-Mar-1983, [1983] Com LR 158
Jurisdiction:
England and Wales
Contract
Updated: 18 June 2022; Ref: scu.392838