Eden and Bons -v- Whittingham [2005] JRC 166 (24 November 2005)

Eden and Bons -v- Whittingham [2005] JRC 166 (24 November 2005)

The court found that there was no consensus ad idem between the parties, as essential terms were not agreed and the plaintiffs could withdraw at any time while the defendant remained bound. The purported agreement lacked certainty and cause, and thus no enforceable contract was formed. The plaintiffs failed to prove...

Source-derived case information.

Citation
[2005] JRC 166
Parties
Plaintiff: Janice Sarah Eden; Plaintiff: Yvette Martine Bons; Defendant: Isobel Whittingham
Jurisdiction
Jersey
Judgment Date
24 November 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
claim dismissed
Legal Topics
Formation of Contract, Consent, Lock Out Agreements, Agency
Contract Law Formation of Contract Consent Lock Out Agreements Agency

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Summary, issues, holding and outcome

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Parties

Janice Sarah Eden

Plaintiff

Yvette Martine Bons

Plaintiff

Isobel Whittingham

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether a valid and enforceable contract was formed between the parties
  2. 2 Whether there was consensus ad idem (meeting of the minds)
  3. 3 Whether a lock-out agreement existed

Ratio Decidendi

The court found that there was no consensus ad idem between the parties, as essential terms were not agreed and the plaintiffs could withdraw at any time while the defendant remained bound. The purported agreement lacked certainty and cause, and thus no enforceable contract was formed. The plaintiffs failed to prove their case.

Court Disposition

claim dismissed