Counter Offer in UK Law

Leading Cases
  • Butler Machine Tool Company Ltd v Ex-Cell-O Corporation (England) Ltd
    • Court of Appeal (Civil Division)
    • 25 Abr 1977

    The better way is to look at all the documents passing between the parties - and glean from them - or from the conduct of the parties whether they have reached agreement on all material points ven though there may be differences between the forms and conditions printed on the back of them. If differences are irreconcilable - so that they are mutually contradictory - then the conflicting terms may have to be scrapped and replaced by a reasonable implication

  • 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.

  • Gojkovic v Gojkovic (No. 2)
    • Court of Appeal (Civil Division)
    • 30 Abr 1991

    However, in the Family Division there still remains the necessity for some starting point. That starting point, in my judgment, is that costs prima facie follow the event (see Cumming-Bruce L.J. in Singer v. Sharegin (1984) FLR 114 at p. 119) but may be displaced much more easily than, and in circumstances which would not apply, in other Divisions of the High Court.

    If he does so, then it is incumbent on the applicant to accept or reject the offer and, if the latter, to make her/his position clear and indicate in figures what she/he is asking for (a counteroffer). It is incumbent on both parties to negotiate if possible and at least to make the attempt to settle the case. This can be done either by open offers or by Calderbank offers, both adopted by the husband in this case. It is a matter for the parties which procedure they prefer.

    But the starting point in a case where there has been an offer is that, prima facie, if the applicant receives no more or less than the offer made, she/he is at risk not only of not being awarded costs, but also of paying the costs of the other party after communication of the offer and a reasonable time to consider it.

  • Port Sudan Cotton Company v Govindaswamy Chettiar & Sons (Barbara, Varvara)
    • Court of Appeal (Civil Division)
    • 08 Mar 1977

    In considering this question, I do not much like the analysis in the text-books of inquiring whether there was an offer and acceptance, or a counter-offer, and so forth. I prefer to examine the whole of the documents in the case and decide from them whether the parties did reach an agreement upon all material terms in such circumstances that the proper inference is that they agreed to be bound by those terms from that time onwards.

  • Norris v Norris
    • Court of Appeal (Civil Division)
    • 28 Jul 2003

    In my judgment, therefore, rules 2.69B and 2.69D can be managed and, where the court considers it unjust to apply rule 2.69B, it can make a different costs order to reflect the justice of the case. Mr Pointer QC, in his thoughtful and comprehensive skeleton argument, sets out in a bar chart a series of permutations arising from a court order to a wife of £1 million.

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Legislation
  • Landlord and Tenant Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ...... . . (b) state that the notice constitutes an offer by the landlord. to dispose of the property on those terms which may. be ... S-7 . Rejection of landlord's offer: counter-offer by tenants. 7 Rejection of landlord's offer: counter-offer by ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ......(or has been deemed to have accepted) a fixed penalty or compensation offer under section 302(1) or 302A(1) or as regards which a work order has been ...SCH-7.85 . . 85 In section 45 of the Counter-Terrorism Act 2008 (sentences or orders triggering notification ......
  • Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016
    • Scotland
    • 1 de Enero de 2016
    ...... (b) (b) unreasonably failed to accept an offer in settlement which was— . (i) made in accordance with the Protocol; ... . .   . reject the offer and make a counter-offer, giving reasons. . . . 30. . The expenses to be paid to the ......
  • Town and Country Planning Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
    ...... .   . ( c . ) where an offer in writing has been made by or on behalf. of that authority to negotiate ...notice, may serve on the claimant a counter-notice in the prescribed. form objecting to the notice. . (2) The ......
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Books & Journal Articles
  • Randomized experiments in Scandinavian criminal justice: Reviewing the past and looking to the future
    • Núm. 17-2, Marzo 2020
    • European Journal of Criminology
    Randomized controlled trials are reported on with increasing frequency within the criminological literature. This development, which is commonly seen as being a part of a global shift towards evide...
    ......, Norway and Sweden),  with distinct penal philosophies, may offer a counter-narrative. Here, we conduct a multi-lingual  systematic review ......
  • Culture and KM in China
    • Núm. 40-3/4, Agosto 2010
    • VINE
    • 326-333
    Purpose: This study seeks to present observations on the impact of Chinese culture traits on knowledge management practices in Chinese corporations. Design/methodology/approach: The paper presents...
    .......Findings – There are deeply rooted culture traits that work counter to the objectives of a knowledgemanagement program within a Chinese ... that rely on institutionalized systems ofinformation transfer offer hope for the gradual transformation of corporate cultures that ......
  • Offers you should refuse?
    • Núm. 2001, Enero 2001
    • Financial Management (UK)
    • Job hunting
    ....... This employment trend has become known as a counter offer. It may seem a win-win situation for both the employer and the employee -- after all the employer keeps an experienced member of staff, saving ......
  • The Battle of Forms
    • Núm. 42-6, Noviembre 1979
    • The Modern Law Review
    ...... Ltd. v. Ex-Cell-0 Corpn. (England) Ltd.‘ the sellers offered to sell a machine tool to the buyers, the offer being on ... adopted the traditional4 approach of offer and counter-offer. The buyers’ reply was a counter-offer which was ......
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Law Firm Commentaries
  • Acceptance Or Counter Offer – Don't Suffer From Attachment Issues
    • Mondaq UK
  • Leaving a settlement offer open for acceptance
    • LexBlog United Kingdom
    A South African law contract comes into being when an offer to contract is accepted by the other party. If the response does not accept the offer according to its specific terms but suggests change...
    ......If the response does not accept the offer according to its specific terms but suggests changes, this is a counter-offer. The offer itself is considered rejected and lapses. This is South African law as well as UK law (we all harp back to the ingenious Roman law ......
  • Guarantees May Consist Of Many Documents
    • Mondaq United Kingdom
    ......the offer and acceptance), partly because there were underlying agreements involved ... of email communications which followed the sequence of offer, counter offer and final acceptance. Again, using email to conclude agreements is ......
  • Matching Clause: An Unexpected Result For Sportswear Manufacturer, New Balance
    • Mondaq UK
    ...... at least renegotiate) its existing agreement with a customer by offering the same terms as its competitors. Unlike the Rangers and Sports Direct ... question for the High Court was whether the terms of New Balance's counter offer were less favourable to Liverpool FC than the "the material, ......
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