Contract Acceptance in UK Law

Leading Cases
  • Trentham (G Percy) Ltd v Archital Luxfer Ltd
    • Court of Appeal (Civil Division)
    • 20 Jul 1992

    The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.

  • Vitol S.A. v Norelf Ltd (Santa Clara)
    • House of Lords
    • 20 Jun 1996

    (2) An act of acceptance of a repudiation requires no particular form: a communication does not have to be couched in the language of acceptance. It is sufficient that the communication or conduct clearly and unequivocally conveys to the repudiating party that that aggrieved party is treating the contract as at an end.

  • Heyman v Darwins Ltd
    • House of Lords
    • 20 Feb 1942

    If one party so acts or so expresses himself, as to show that he does not mean to accept and discharge the obligations of a contract any further, the other party has an option as to the attitude he may take up. But repudiation by one party standing alone does not terminate the contract: it takes two to end it, by repudiation, on the one side, and acceptance of the repudiation, on the other.

    To say that the contract is rescinded or has come to an end or has ceased to exist may in individual cases convey the truth with sufficient accuracy, but the fuller expression that the injured party is thereby absolved from future performance of his obligations under the contract is a more exact description of the position. By that acceptance he is discharged from further performance and may bring an action for damages, but the contract itself is not rescinded.

  • Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos)
    • Court of Appeal (Civil Division)
    • 01 Jul 1970

    If the contractual rights which he has lost were capable by the terms of the contract of being rendered either less valuable or valueless in certain events, and if it can be shown that those events were, at the date of acceptance of the repudiation, pre-destined to happen, then in my view the damages which he can recover are not more than the true value, if any, of the rights which he has lost, having regard to those pre-destined events.

  • Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
    • House of Lords
    • 28 Mar 2007

    The contractual benefit for the loss of which the victim of the breach can seek compensation cannot escape the uncertainties of the future. The lodestar is that the damages should represent the value of the contractual benefits of which the claimant had been deprived by the breach of contract, no less but also no more.

  • Meikle v Nottinghamshire County Council
    • Court of Appeal (Civil Division)
    • 08 Jul 2004

    It must be in response to the repudiation, but the fact that the employee also objected to the other actions or inactions of the employer, not amounting to a breach of contract, would not vitiate the acceptance of the repudiation. It follows that, in the present case, it was enough that the employee resigned in response, at least in part, to fundamental breaches of contract by NCC.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... 1 . Consumer contracts for goods, digital content and services PART 1 . Consumer contracts for ... SCH-1.24 . 24 . (1) Section 35 (acceptance) is amended as follows. . (2) Omit subsection (3). . (3) After ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ...... I . Contracts to Which Act Applies Part I . Contracts to Which Act Applies . S-1 . ... . a . ) when he signifies his approval or acceptance to the. seller or does any other act adopting the transaction;. . . . ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......restrict liability for negligence a person's agreement to or. awareness of it is not of itself to be taken as indicating his. voluntary acceptance of any risk. S-3 . Liability arising in contract. 3 Liability arising in contract. . (1) This section applies as between contracting parties. ......
  • Landlord and Tenant Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ......disposal referred to in section 11(1)(a). S-6 . Acceptance of landlord's offer. 6 Acceptance of landlord's offer. . (1) Where— . ...agreed to by the parties (subject to contract) for the. disposal of the protected interest, and. . . (b) that the ......
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Books & Journal Articles
  • ADMINISTRATIVE AUTHORITY, LEADERSHIP STYLE AND THE MASTER CONTRACT
    • Núm. 21-1, Enero 1983
    • Journal of Educational Administration
    • 5-13
    With the proliferation of collective bargaining in public schools, administrative prerogatives have been assumed to be curtailed. The influence of the school administrator on teacher behavior has b...
    ...... on the notion that administrative influence is not diminished by the negotiation process, measured the teacher's professional zone of acceptance as the dependent variable and compared this measure among those teachers in schools with teacher oriented contracts and those with management ......
  • Grieving the loss of a public contract: De La Rue and the Brexit passport
    • Núm. 20-1, Enero 2020
    • Journal of Public Procurement
    • 20-37
    Purpose: This paper aims to examine how firms react to the loss of a major government contract. Reactions to contract loss are yet to be properly studied in public procurement. Design/methodology/...
    ......Depression setin after De La Rue admitted it would not appeal. Finally,acceptance was indicated by De La Rue pursuingnew opportunitiesin the product authentication market.Research limitations/implications –The study is based on a ......
  • Management enforced job change and employee perceptions of the psychological contract
    • Núm. 19-3, Junio 1997
    • Employee Relations
    • 222-247
    Despite increasing research interest in the psychological contract, little is known about how employees’ contractual beliefs alter during major organizational changes. Using a sample of air traffic...
    ......In turn, the individual’s response to the breach may encompassanything from an acceptance of the change in obligations to an acute sense ofviolation. Violation conceived this way thus refers to a class of perceptionswhich reflect the ......
  • ‘Mere Auxiliaries to the Commonwealth’: Women and the Origins of Liberalism
    • Núm. 27-2, Junio 1979
    • Political Studies
    Married women pose an acute, but now unacknowledged, problem for liberal theory. The character and magnitude of the problem can only be fully understood if the development of liberal theory is exam...
    ......contract theory, Hobbes and Locke had to deal with the problem of ... Their acceptance of patriarchal claims and assertions about women stands at the ......
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Law Firm Commentaries
  • Contract Variations: Implied Acceptance?
    • JD Supra United Kingdom
    In Wess v Science Museum Group UKEAT/0120/14/DM, the Employment Appeal Tribunal (EAT) considered whether an employee had impliedly accepted a variation of her contract of employment by continuing t...
  • Contract formation – prescribed mode of acceptance can be waived by conduct
    • JD Supra United Kingdom
    In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal ruled that a binding contract can be made by the parties' conduct even when a written 'Deal Memo...
  • What Warrants 'Communication' Of An Acceptance Of A Repudiatory Breach?
    • Mondaq UK
    ......employee's failure to return to work after maternity leave did. amount to acceptance of a repudiatory breach of her employment. contract for the purpose of a constructive unfair dismissal. claim. Repudiatory Breach and Constructive Unfair. Dismissal. Where an employee considers that ......
  • "As is where is" revisited – allocating risk through the acceptance certificate
    • JD Supra United Kingdom
    (Aquila WSA Aviation Opportunities II Ltd v Onur Air Tasimacilik As [2018] EWHC 519 (Comm)). Introduction – the facts - Onur Air, a Turkish airline, needed a temporary replace...
    ...... • Onur could not go back on its statement and later allege the engine was not in the required condition (in legal terms, Onur was contractually estopped from using the condition of the engine as a defence);. • Onur had been under no obligation to accept the engine, but once it did, it ......
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