Offer and Acceptance in UK Law

Leading Cases
  • Tekdata Interconnections Ltd v Amphenol Ltd
    • Court of Appeal (Civil Division)
    • 19 Noviembre 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.

  • 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.

    One must not lose sight of the commercial character of the transaction. It is not a case where there was a continuing stipulation that a contract would only come into existence if a written agreement was concluded. But I am, in any event, satisfied that in this fully executed transaction a contract came into existence during performance even if it cannot be precisely analysed in terms of offer and acceptance.

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

  • Gibson v Manchester City Council
    • House of Lords
    • 08 Marzo 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 Enero 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.

  • Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council
    • Court of Appeal (Civil Division)
    • 25 Mayo 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?"

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Legislation
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Books & Journal Articles
  • Lean talent acquisition: one team’s journey of improvement
    • No. 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
    • No. 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
    • No. 22-1, February 2015
    • Maastricht Journal of European and Comparative Law
    • 0000
    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 ... ...
  • SociaLib: a collaborative digital library model platform using Web 2.0
    • No. 32-5, September 2014
    • The Electronic Library
    • 622-641
    Purpose: – The purpose of this paper is to present the SociaLib system, which is a collaborative digital library system. The system uses Drupal content management system to implement Web 2.0 functi...
    ... ... Theresults were promising, showing user acceptance and satisfaction.Originality/value – This paper offer collaborative ... ...
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Law Firm Commentaries
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Forms
  • Notice of offer to settle (Section 1 - Part 36)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... claim, appeal or cross-appeal. It may also be used to settle ... detailed costs assessment proceedings ... A Notice of acceptance form is attached to this form ... should the offeree wish to use it ... Claim No. (or other ref.) ... Name of Claimant (including ref.) ... Name of ... ...
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