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Words: | Submitted: Fri Jan 28 2005
... Productions (BP). The second contract in this case is between the claimants Hard Rain and the defendants 'BP'. A legally binding contract may be unilateral, bilateral or collateral. A unilateral contract is formed as a result of a promise to do something in return for an act, (Carlill v. Carbolic Smoke Ball Co [1893]1) whereas collateral is the making of a contract for which the consideration is the making of another contract. This perception was summed up by Lord Moulton in Heilbut, Symons & Co. v. Buckleton [1913]2 Here it could be said that the contract between the claimants and DM is collateral. A contract may be agreed upon either orally or in writing, or both. In the present case, the defendants approached DM, though this was an instantaneous form of communication (Entores v. Miles Far East Corporation [1955]), the parties still managed to agree broad outlines of the deal i.e. the ...
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