A court may be able to hold that there is a contract even though it is difficult or impossible to analyse the transaction in terms of offer and acceptance. ‘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 their conduct you can see an agreement on all material terms-which was intended thenceforward to be binding – then there is a binding contract in law even though all the formalities have not been gone through: see Brogden v. Metropolitan Railway Co. (1877) 2 App. Cas. 666.’
Citations:
[1897] AC 59
Cited by:
Cited – Gibson v Manchester City Council HL 8-Mar-1979
The plaintiff sought specific performance of what he said was a contract for the sale of land.
Held: The appeal succeeded. In a case where a contract is alleged to have been made by an exchange of correspondence between the parties, in which . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 10 May 2022; Ref: scu.272803