When contract formation puts you in a bind

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  1. In Blue v Ashley [2017] the court looked at an alleged oral contract and said (in relation to intention)

    “Factors which may tend to show that an agreement was not intended to be legally binding include the fact that it was made in a social context, the fact that it was expressed in vague language and the fact that the promissory statement was made in anger or jest”

    The court also reminded everyone of the fallibility of evidence based solely on memory. Where there is no digital footprint (as in that case) they would be very sceptical about alleged contracts which didn’t ring true.

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