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Great Northern Railway Company v Witham (1873) Court of Common Pleas L.R. 9 C.P. 16


D was winning tender. P gave orders for steel and D would supply. D refused to supply. D says it wasn’t mutual (P didn’t bind themselves to anything to D shouldn’t be bound to supply)


Was their mutuality? Was there consideration?


There is consideration in unilateral contracts.
Mutuality is essential to consideration.
**Mutuality – something of value being given in exchange


Each time P placed an order it was a binding contract

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