Chapter 2 Self-test questions

Agreement: Objective or subjective?

Quiz Content

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. What approach have the courts generally adopted in assessing the intentions of the parties to a contract, and why?

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. In Smith v. Hughes (1871) LR 6 QB 597, the Court of Appeal clearly adopted a 'detached objectivity' approach to the question of the intention of the parties

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. When, if ever, is the objective principle qualified by a 'subjective element'?

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