... of the original contract capable of benefiting both parties? If so we can ascertain that the consideration aspect was satisfied. 4. Waller LJ, in his judgement, heavily highlights the theory of market ideology. That is that where a party in the business environment reasonably assumes that they have concluded a bargain, then that assumption should be protected. Waller LJ feels this form of assumption of bargain is present due to the formalist and realist negotiations between Boots and Amdahl via the letters sent and the telephone conversations between both parties and therefore a legally binding contract should have been enforced. Thus Waller LJ's judgement was just. It could also be stated that Waller LJ adopted a consumer welfarist approach, i.e. that the consumer, Boots, should be entitled to fairness and reasonableness in contract. This is reflected in Waller LJ's actual judgement where he seemed to imply, given his verdict, that Boots ...

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