Surrey Business Magazine - issue 43

Page 94

LEGAL

Tim communicates only through dance, Sue by morse code and Obi by mime – can they form a contract? By James O’Connell

WHEN WORDS FAIL ME Although one shudders to think what hellish performance art might be ‘perpetrated’ by such a collaboration, it is possible for the three to form a contract communicating only via their respective skills. Generally speaking, the law doesn’t care about the form by which a contract is concluded (smoke signals anyone?) provided the five criteria for forming a contract (set out below) have been met.

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Most businesspeople think of contracts in terms of written documents. But many contracts involve neither writing nor speaking, e.g., using a self-service till in a supermarket – those contracts are created by actions which demonstrate intention to be bound by an agreement. Dance, mime and doing morse code on a torch are all types of action.


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