CONTRACTS [31]- Offer- Application for 45 day credit account to purchase goods- Guarantee in incomplete form accompanies offer- Offeror told 14 day account opened- No other communication of any acceptance- Whether acceptance implied from conduct of parties- Trading then commenced- Held guarantee not part of contract governing trade- Guarantee not binding.
EQUITY [76]- Rectification- No power to rectify when no contract actually brought into existence- Rectification of one party deed where person signing same made no mistake- Whether gross negligence a defence to rectification.
Acts Cited:
Property Law Act 1974 (Queensland) s 56
Case Details
Citation[2006] NSWSC 1057
CourtNSWSC
JurisdictionNew South Wales
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