A document purporting to be a deed, but not executed by a party, may be enforced as a simple contract against that party where the party has accepted or bound itself to the obligations contained in the deed. Post-contractual conduct is admissible to determine the identity of contracting parties where the identity question is necessarily connected with whether a contract was formed. A heads of agreement expressed in terms of wishes, intentions, and futurity, which acknowledges that further conditions will be included and leaves significant terms for negotiation, constitutes an agreement to negotiate in good faith rather than a binding contract under the first limb of Masters v Cameron.
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