Tag Archives: Contract formation

High Court decision underlines importance of knowing who you are contracting with

The High Court has recently found that a group of waste removal companies which provided services to a company that went into liquidation shortly afterwards was not entitled to recover outstanding sums from the company's founder. The agreement for works … Continue reading

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High Court finds option agreement void for uncertainty where it left delivery dates to be agreed

The High Court has found that an option agreement for the purchase of oil tankers was void for uncertainty where it provided that the delivery date for the vessels would be "mutually agreed upon" when the relevant options were exercised: … Continue reading

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Court of Appeal confirms subsequent communications can be relevant to determining whether a contract has been concluded

The Court of Appeal has held that the High Court was wrong to find that a contract had arguably been concluded during a telephone call following a "subject to contract" offer letter, when this was inconsistent with the parties' subsequent … Continue reading

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Court of Appeal refuses to imply term where contract incomplete

The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the parties had failed to agree the circumstances in which the agreed rate of … Continue reading

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Court of Appeal finds parties bound by unsigned agreement despite express term requiring execution by both parties

The Court of Appeal has upheld a decision of the Commercial Court which found that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement and the agreement purported to … Continue reading

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When do you have a binding contract? It may be more (or less) often than you think

Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the necessary contractual intention is lacking. Conversely, a binding agreement might be reached despite … Continue reading

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An unsigned agreement can still bind the parties

The Commercial Court has ruled that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement and the agreement purported to require the signatures of both parties to take effect: … Continue reading

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Commercial Court finds binding contract formed even though not all terms agreed

The Commercial Court recently decided that a contract was formed for the supply of crude oil blend even though some of the core terms were subject to further negotiation: Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 (Comm). … Continue reading

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