The parties disputed whether a completed agreement existed between them.
Held: Lord Jauncey of Tullichettle said: ‘The fact that in the usual case a particular term will be considered essential to the existence of a concluded agreement does not prevent parties from contracting in a peculiar case that it shall not be essential.’
Judges:
Lord Jauncey of Tullichettle
Citations:
[1991] UKHL 13, 1991 SC (HL) 22, 1991 SLT 523, [1991] BCC 713
Links:
Cited by:
Cited – Avintair v Ryder Airline Services Ltd SCS 30-Dec-1993
The pursuers asserted a contract between themselves and the defenders for a consultancy, and that reasonable remuneration was due under it. The Lord Ordinary had found that no contract had been completed, the parties being, at all points, in dispute . .
Lists of cited by and citing cases may be incomplete.
Scotland, Contract, Company
Updated: 22 July 2022; Ref: scu.279763