Electronic Industries Ltd v David Jones Ltd (1954) 91 CLR 288

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Facts
  • David Jones enters into a contract to have Electronic Industries set up a display of a television in their store
  • There is a large coal strike and DJs asks to alter the date, E.I. agrees
  • DJs later says they will not be rescheduling at all, and E.I. sues
Held
  • Joint judgment: There was not a whole new agreement, or even a variation in all likelihood, EI just agreed to wait a bit longer to do the presentation
  • The Plaintiff always meant to hold the Defendant bound to the agreement
  • Both parties remained bound to the contract
  • There are plenty of contracts where the date is not fixed (e.g. a tailor making a jacket) and this uncertainty doesn’t mean the contract is void

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