1

Source: p 53, The Law of Contract, 5 ed (2012), by O’Sullivan and Hilliard

In ordinary commercial practice where there is frequently a sense of formality in the transaction, and where there is a full opportunity for the parties to consider the terms of the proposed contract submitted for signature, it might well be safe to assume that the party who attaches his signature to the contract intends by so doing to acknowledge his acquiescence to its terms, and that the other party entered into the contract upon that belief. This can hardly be said, however, where the contract is entered into[,] in circumstances such as ♦ were present in this case.

What are some formal terms describing this issue? How can a verb follow such as without another subject? Should 'those' (whose antecedent is circumstances) have been written at the diamond?

1

One could also say:

... entered into in such circumstances as were present in this case.

So I believe the explanation is not ellipsis but inversion. Such here is adjectival and "as were present" is an adverbial clause

  • 2
    I see no inversion. – tunny Nov 5 '14 at 14:37
  • From in such circumstances as were present to in circumstances such as were present is probably the easiest way to interpret this sentence. – oerkelens Nov 5 '14 at 14:43
  • @tunny: What do you see, a relative pronoun such? – Tᴚoɯɐuo Nov 5 '14 at 15:05
  • @oerkelens Thanks, but I don't understand your comment. Why did you bold such? Is your comment just the reverse direction of TRomano's answer? – Greek - Area 51 Proposal Dec 1 '14 at 9:19
  • @LawArea51Proposal-Commit my comment illustrates the inversion that TRomano mentions and that tunny didn't see. Such was bolded to illustrate that circumstances and such swapped places in the sentence. My comment underlines why I think TRomano's answer deserved my +1 :) – oerkelens Dec 1 '14 at 9:28
0

I believe that this usage of "such as" is short for "such as [aforementioned subject]."

This sentence is equivalent to:

This can hardly be said, however, where the contract is entered into, in circumstances such as those that were present in this case.

  • Thanks, but the sentence itself does NOT contain those that? Why can you add them to the sentence yourself? – Greek - Area 51 Proposal Dec 1 '14 at 9:20

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