Tag Archives: Subject to contract
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
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including on: what to do when you’ve been given notice of a freezing order; the increasing risk of class actions … Continue reading
The High Court has held that a binding settlement was agreed in an exchange of e-mails between the parties’ solicitors despite their subsequent failure to agree formal terms: Bieber v Teathers Limited  EWHC 4205 (Ch). The decision acts as a reminder of the importance … Continue reading
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  EWHC 2872 (Comm). … Continue reading
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is the case. Here the court found that the defendant’s letter setting out terms of settlement, … Continue reading
A case involving the impact of a counterparts clause in a draft agreement has gone all the way to the Supreme Court, which ruled on 10 March that a contract existed. In RTS Flexible Systems v Müller  UKSC 14, … Continue reading
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga  UKPC 19 and Brown v Rice and others  EWHC 625 (Ch).