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Contract, Construction of

Implication from Conduct

Implication from Conduct

Lock-in and Lock-out agreements

Last updated: 06-Oct-2014

Per Blackburn J in Smith v Hughes [1871] 6 QB 597:

If, whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party’s terms.

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