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Created by 121.1.18.237 on 28 October 2009, at 05:42
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Hillas & Co Ltd v Arcos Ltd
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Court House of lords
Citation(s) [1932] UKHL 2, (1932) 147 LT 503 (HL)
Judge(s) sitting Lord Wright, Lord Tomlin
Case history
Prior action(s) (1932) 40 Lloyd’s Rep (CA)
Subsequent action(s) Full text of decision


This case (Hillas v Arcos (1932) 38 Com Cas 23) demonstrates that a court has the option to infer terms in a Contract from the parties' previous dealings, rather than allow a contract to be voided. Courts do not usually like to do this if the wording or intention is vague, but it may be better than to allow a party to renege on a contract on a technicality.

The contract was to buy 22,000 standards of softwood of fair specification. The court ruled that fair specification was not sufficiently vague to void the contract, as the companies had done business before and each would have known the others' intentions.
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