Though they expressed regret for doing so, the Court of Appeal followed the rule set out in the case of " May & Butcher v R " which stated that if there are any essential terms of a contract of sale that are to be set by a future agreement then the contract is void.
32.
We say at times that the corporate entity will be ignored when the parent corporation operates a business through a subsidiary which is characterized as an'alias'or a'dummy .'All this is well enough if the picturesqueness of the epithets does not lead us to forget that the essential term to be defined is the act of operation.
33.
They record that there was reference to the two Industrial Tribunal cases cited above, that it was submitted that it was not useful to consider whether the appellant had an implied contractual right to smoke at work, and that there was no submission that the right to smoke at work was an essential term of the contract.
34.
After more than two years of negotiations, the Empire State Development Corp . plans to announce the " essential terms " of the proposed deal with the Times Co . and its joint venture partner, Forest City Ratner Companies, at the 4 p . m . hearing at the New Victory Theater, 209 W . 42nd St.
35.
It considered a number of other clauses which provided for various procedures if clause 2.1 were not complied with ( including the grace period in clause 8.1 ), and held that clause 2.1 could not be considered an essential term, as it could not be said that Burger King would not have entered the contract without being assured of strict compliance with it.
