I believe that if you apply the "spirit" of the contract to this scenario, then there was not a sufficient meeting of minds regarding the cash flow issue, and thus the finding was correct. It is not a court I have practiced in, so i am not comfortable trying to do a detailed analysis, but any change to a material element of the contract requires that crucial "meeting of the minds."
John D.
asked 03/16/21Law specifically law of contract
Discuss the legal principles of the Law of Contract in the case of Erasmus v Wiechmann (I 1080/2011) [2013] NAHCMD 214 (24 July 2013]In your discussion explain the relevance of the case, judgement coupled with its reasons and lastly state whether or not the presiiding officer came to the correct application of the law to the facts.
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John D.
Can you perhaps provide similar cases.03/17/21