A written offer was accepted in writing by a letter that became lost. Although it was recognised that oral evidence of the written acceptance might provide an answer, the case was argued on the basis that the written offer was a sufficient memorandum.
Held: The argument that the statute required a concluded agreement to be existing when the memorandum was signed was rejected. A written offer is capable of being a memorandum providing the language shows an intention to contract as opposed to being a mere statement of expectation.
Devlin J
[1960] 1 All ER 93, [1960] 1 WLR 286
England and Wales
Citing:
Cited – Smith v Neale 1857
The defendant wrote to the plaintiff requesting the assignment of a patent to him to hold as trustee for an institution who would pay him a share of the profits on exploitation of the patent, and if the profits fell below a figure, the patent would . .
Cited – Reuss v Picksley 1866
A written proposal was purportedly accepted orally. The requirements of the 1677 Statute were satisfied where a signed written offer containing the requisite terms was accepted orally by the other party.
Willes J said: ‘The only question is, . .
Cited by:
Cited – Mehta v J Pereira Fernandes SA ChD 7-Apr-2006
The parties were in dispute. The now respondent threatened winding up. The appellant had someone in his company send an email requesting an adjournment and apparently giving a personal guarantee to a certain amount. The application was adjourned, . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.241709