Contract Formation in UK Law

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

  • Rose (F. E.) (London) v William H. Pim Jnr. & Company
    • Court of Appeal
    • 16 Julio 1953

    Rectification is concerned with contracts and documents, not with intentions. In order to got rectification, it is necessary to show that the parties were in complete agreement on the terms of their contract, but by an error wrote them down wrongly; and in this regard, in order to ascertain the terms of their contract, you do not look into the inner minds of the parties – into their intentions – any more than you do in the formation of any other contract.

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Julio 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

    Instead the governing criterion is the reasonable expectations of honest sensible businessmen. (2) Contracts may come into existence, not as a result of offer and acceptance, but during and as a result of performance. 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 and difficult to submit that the contract is void for vagueness or uncertainty.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    They can be supported on the ground that it is of paramount importance that contracts should be observed: and that if parties honestly comply with the essentials of the formation of contratcs, i.e., agree in the same terms on the same subject matter, they are bound: and must rely on the stipulations of the contract for protection from the effect of facts unknown to them.

  • Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
    • House of Lords
    • 03 Marzo 1970

  • Paal Wilson & Company A/S v Partenreederei Hannah Blumenthal
    • House of Lords
    • 02 Diciembre 1982

    The first way is by showing that the conduct of each party, as evinced to the other party and acted on by him, leads necessarily to the inference of an implied agreement between them to abandon the contract.

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Legislation
  • Sale of Goods Act 1893
    • UK Non-devolved
    • 1 de Enero de 1893
    ... ... and by the authority of the same, as follows: ... Formation of the Contract. PART I ... Formation of the Contract ... Contract ... ...
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ... ... not contain such a reference, this Act applies in relation to the contract concerned without such modification of the section ... Part II: Formation of the Contract ... Contract of sale ... 2: Contract of sale ... ...
  • European Economic Interest Grouping Regulations 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ... ... “the contract” means the contract for the formation of an EEIG; ... “the EC ... ...
  • The Civil Partnership (Opposite-sex Couples) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ... ... 4: Formation of civil partnerships by opposite-sex couples in England and Wales ... not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to— ... ...
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Books & Journal Articles
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