Agreement to Agree in UK Law

Leading Cases
  • Walford and Others v Miles and Another
    • House of Lords
    • 23 Jan 1992

    A duty to negotiate in good faith is as unworkable in practice as it is inherently inconsistent with the position of a negotiating party. In my judgment, while negotiations are in existence either party is entitled to withdraw from those negotiations, at any time and for any reason. There can be thus no obligation to continue to negotiate until there is a "proper reason" to withdraw. Accordingly a bare agreement to negotiate has no legal content.

  • Didymi Corporation v Atlantic Lines and Navigation Company Inc.
    • Court of Appeal (Civil Division)
    • 23 Oct 1987

    As to that, it has frequently been observed that the creature to which the law gives no effect is an agreement to agree on terms which are not specified. Here there is a plain agreement that in the circumstances specified the hire shall be equitably decreased. True it is that the amount is left to the agreement of the parties. But they can only agree a decrease which is equitable in amount. That looks very like an agreement to agree on specified terms.

  • Scammell (G.) & Nephew Ltd v Ouston (H. C. & J. G.)
    • House of Lords
    • 16 Dec 1940

    The object of the Court is to do justice between the parties, and the Court will do its best, if satisfied that there was an ascertainable and determinate intention to contract, to give effect to that intention, looking at substance and not mere form. It will not be deterred by mere difficulties of interpretation. Difficulty is not synonymous with ambiguity so long as any definite meaning can be extracted.

  • Sudbrook Trading Estate Ltd v Eggleton
    • House of Lords
    • 08 Jul 1982

    On the other hand where an agreement is made to sell at a price to be fixed by a valuer who is named, or who, by reason of holding some office such as auditor of a company whose shares are to be valued, will have special knowledge relevant to the question of value, the prescribed mode may well be regarded as essential.

  • B J Aviation Ltd v Pool Aviation Ltd
    • Court of Appeal (Civil Division)
    • 18 Jan 2002

    Fourth, where the court is satisfied that the parties intended that their bargain should be enforceable, it will strive to give effect to that intention by construing the words which they have used in a way which does not leave the matter to be agreed in the future incapable of being determined in the absence of future agreement. But the court cannot imply a term which is inconsistent with what the parties have actually agreed.

  • Sweet & Maxwell Ltd v Universal News Services Ltd
    • Court of Appeal
    • 02 Jun 1964

    In the last resort, if the parties cannot agree, the true construction will have to be determined by the court. A party should not too readily be found to have refused to perform the agreement by contentious observations in the course of discussions or arguments as to the provisions to be inserted in the lease.

  • Petromec Inc. v Petroleo Brasileiro S.A. Petrobras and Others
    • Court of Appeal (Civil Division)
    • 23 Jan 2008

    To decide that it has "no legal content" to use Lord Ackner's phrase would be for the law deliberately to defeat the reasonable expectations of honest men, to adapt slightly the title of Lord Steyn's Sultan Azlan Shah lecture delivered in Kuala Lumpur on 24th October 1996 (113 LQR 433 (1977)).

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Legislation
  • Digital Economy Act 2017
    • UK Non-devolved
    • January 01, 2017
    ...... “(2A) The BBC Charter and Agreement may in particular confer on OFCOM, as a power they are to have by virtue ......
  • Community Empowerment (Scotland) Act 2015
    • Scotland
    • January 01, 2015
    ...... planning partners by this Part, a community planning partnership may agree-. . . (a) that a particular community planning partner need not comply ... Evidence and notification of concluded missives or option agreements 43 Evidence and notification of concluded missives or option agreements . ......
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (b) (b) any Annex to the EEA agreement, as it has effect in EU law immediately before exit day and so far as— . ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • January 01, 2014
    ...... (a) summary assessment by the Tribunal; . (b) agreement of a specified sum by the paying person and the person entitled to receive ......
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Books & Journal Articles
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Law Firm Commentaries
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