Objectivity in contract law

Quiz Content

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. From whose perspective is the objective approach to contractual interpretation taken?

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. Where a buyer believes that they are purchasing one thing, and the contract states another, what takes priority?

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. When may the court depart from a strictly objective approach to ascertaining the parties' intentions?

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. Where the objective facts are ambiguous, and one of the parties is responsible for that ambiguity, whose understanding of the ambiguity will be favoured?

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. Where the objective facts are ambiguous, and neither party is responsible for that ambiguity, how will the court proceed?

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. When might the court assess the subjective intentions of the parties?

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. Where A knows that O is making a mistake as to a term of the contract, is A able to enforce the contract?

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. Which of the following views of Smith v Hughes is supported by Roberts v Leicestershire County Council?

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. On which of the following points was Smith v Hughes clear?

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. What is the rule in L'Estrange v Graucob?

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. Why might the rule in L'Estrange v Graucob be criticised for being unfair?

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. For which type(s) of contract has the rule in L'Estrange v Graucob been softened?

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. Can contracts be concluded without signed writing?

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. How may agreement to a contract be communicated?

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. When will a contract not necessarily be enforced in its objective sense?

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. From whose perspective was the 'objective approach' taken in Upton on Severn UDC v Powell?

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. From whose perspective was the 'objective approach' taken in Destiny 1 Ltd v Lloyds TSB Bank Plc?

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. What is the consequence of an estoppel?

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. Why is the objective test to contractual promises substantively different to estoppel?

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