Offer and 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.

  • Tekdata Interconnections Ltd v Amphenol Ltd
    • Court of Appeal (Civil Division)
    • 19 Nov 2009

    In my judgment, it is not possible to lay down a general rule that will apply in all cases where there is a battle of the forms. It always depends on an assessment of what the parties must objectively be taken to have intended.

  • Apple Corps Ltd v Apple Computer Inc. [ChD]
    • Chancery Division
    • 07 Apr 2004

    On the facts of this particular case, that would coincide with the clearly expressed intentions of the parties that neither wished to give the other an advantage in terms of governing law and jurisdiction, and although introducing the somewhat random element of offer and acceptance into the concept might be said in one sense to coincide with their respective wishes, and although their expressed wishes did not go so far as to encompass the place of contracting, it seems to me that there is a good arguable case for saying that a dual place of contracting coincides rather more closely with the intentions of the parties.

  • Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council
    • Court of Appeal (Civil Division)
    • 25 May 1990

    I readily accept that contracts are not to be lightly implied. Having examined what the parties said and did, the court must be able to conclude with confidence both that the parties intended to create contractual relations and that the agreement was to the effect contended for. It must also, in most cases, be able to answer the question posed by Mustill LJ in The Kapetan Markos N.L. (NO.2) [1987] 2 Ll. 321 at 331: "What was the mechanism for offer and acceptance?" 321

  • Gibson v Manchester City Council
    • House of Lords
    • 08 Mar 1979

    My Lords, there may be certain types of contract, though I think they are exceptional, which do not fit easily into the normal analysis of a contract as being constituted by offer and acceptance; but a contract alleged to have been made by an exchange of correspondence between the parties in which the successive communications other than the first are in reply to one another, is not one of these.

  • Gibson v Manchester City Council
    • Court of Appeal (Civil Division)
    • 17 Jan 1978

    You should look at the correspondence as a whole and at the conduct of the parties and see therefrom whether the parties have come to an agreement on everything that was material. If by their correspondence and theirconduct you can see an agreement on all material terms, then there is a binding contract in law even though all the formalities have not been gone through, for that proposition I would refer to Brogden v. Metropolitan Railway Company (1877) 2 Appeal Cases 666 House of Lords.

  • Air Studios (Lyndhurst) Ltd T/A Air Entertainment Group v Lombard North Central Plc
    • Queen's Bench Division
    • 09 Nov 2012

    Further, it is perfectly possible for the parties to conclude a binding contract, even though it is understood between them that a formal document recording or even adding to the terms agreed will need to be executed subsequently. Whether they do intend to be bound in such circumstances, or only as and when the formal document is executed, depends on an objective appraisal of their words and conduct.

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Legislation
  • Supply of Goods (Implied Terms) Act 1973
    • UK Non-devolved
    • January 01, 1973
    ......or. .   . ( b . ) the acts constituting the offer and acceptance. have been effected in the territories of different. ......
  • Landlord and Tenant Act 1987
    • UK Non-devolved
    • January 01, 1987
    ...... . . (b) state that the notice constitutes an offer by the landlord. to dispose of the property on those terms which may. be ...disposal referred to in section 11(1)(a). S-6 . Acceptance of landlord's offer. 6 Acceptance of landlord's offer. . (1) Where— . ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • January 01, 1977
    ......voluntary acceptance of any risk. S-3 . Liability arising in contract. 3 Liability arising ...of another; or. .   . ( b . ) the acts constituting the offer and acceptance have been. done in the territories of different States; or. ......
  • Tenants' Rights, Etc. (Scotland) Act 1980
    • UK Non-devolved
    • January 01, 1980
    ......) to ( c . ) above. . (9) Where at the date of service of an offer to sell under. section 2 of this Act any of the costs referred to in ... . . the tenant shall serve a notice of acceptance on the landlord. within two months of whichever is the latest of— . . ......
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Books & Journal Articles
  • Lean talent acquisition: one team’s journey of improvement
    • Nbr. 14-5, October 2015
    • Strategic HR Review
    • 188-193
    Purpose: – This paper aims to describe how lean performance improvement principles helped transform an integrated healthcare system’s talent acquisition team to best in class. Design/methodology/a...
    ......The offer acceptance rate increased from 96 to 99.6 per cent, with fewer than 25 ......
  • Are e‐readers suitable tools for scholarly work? Results from a user test
    • Nbr. 37-3, June 2013
    • Online Information Review
    • 388-404
    Purpose: The purpose of this paper is to offer insights into the usability, acceptance and limitations of e‐readers with regard to the specific requirements of scholarly text work. To fit into the ...
    ......, Cologne, GermanyAbstractPurpose – The purpose of this paper is to offer insights into the usability, acceptance and limitationsof e-readers with ......
  • The Employee Shareholder
    • Nbr. 22-1, February 2015
    • Maastricht Journal of European and Comparative Law
    The aim of this paper is to discuss and analyse the impact of the new category of the employee shareholder within the context of the traditional theory of the contract of service and contract for s...
    ......One such issue concer ns the systematic o er of shares and acceptance of the loss of employee status, which may rend er the EU law requirements ......
  • Opening the Scientific Expert’s Black Box
    • Nbr. 80-5, October 2016
    • Journal of Criminal Law, The
    The work of forensic scientists, by providing specialist assistance beyond the normal experience or knowledge of the factfinders, can be elusive to the law’s traditional probative safeguards. These...
    ...... that critical trust, as an organising principle, does offer a continuum (ranging from scepticism to ... of mind: neither outright scepticism nor uncritical acceptance.9 . ......
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Law Firm Commentaries
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