When two parties talk about a matter which with commercial significance, a statement by one that he will do something will be construed as obligatory, or as an offer, rather than as a mere statement of intention, if the words and deeds of the other party indicate that the statement was so understood, and the obligation confirmed or the offer accepted so that parties appeared to regard the commercial ‘deal’ as concluded. But in considering whether there is indeed a contract between the parties, in any particular case, it will always be essential to look at the particular facts, with a view to discovering whether these facts, rather than some general rule of thumb, can be said to reveal consensus and an intention to conclude a contract.
Judges:
Lord Prosser
Citations:
1993 SLT 80
Jurisdiction:
Scotland
Cited by:
Cited – Robertson v Anderson IHCS 5-Dec-2002
The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract.
Held: The contention was rejected. It had been suggested that there had been no intention to . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 05 May 2022; Ref: scu.181865