The parties set out to conclude a contract for insurance, but the final email omitted an essential warranty which had previously been agreed. The court was asked whether a contract had been concluded. The judge had found that the contract had been conclusively completed.
Held: The appeal against the judgment that a contract existed failed. The slip was intended to be the final reference point, and Mannai could not be relied on to amend it, and ‘the mutual indicia of finality about the email exchange are so strong that it would be wrong to interpret them as ending in a mere offer and counter-offer. The reasonable reader of these exchanges would conclude that Aigaion was agreeing to the terms set out in the slip, on the basis that that was what Aigaion had itself quoted.’
Laws LJ, Rix LJ, Moses LJ
[2008] EWCA Civ 1455
Bailii, Times
England and Wales
Citing:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 01 November 2021; Ref: scu.278971
