The parties sought the expenses incurred in negotiating a development contract which failed before the documents were signed.
Judges:
Toulmin J
Citations:
[2004] EWHC 2357 (TCC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Branca v Cabarro CA 1947
The fact that the parties might contemplate the possibility of a further written agreement, does not prevent an original agreement being effective as a contract. . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Orion Insurance Co v Sphere Drake Insurance CA 1992
The parties met to negotiate a settlement of the terms of the plaintiff’s withdrawal from a pool insurance scheme. They signed a record of the meeting, but then claimed the record did not amount to a legally binding agreement. The defendants . .
Cited – Walton Stores (Interstate) Limited v Maher 1988
(High Court of Australia) It would be unconscionable for a party to stand by in silence when it must have known that the other party was proceeding on an assumption that they had a binding agreement. . .
Cited – Prenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
Cited – Cohen v Nessdale Ltd CA 1982
Once negotiations are begun ‘subject to contract’, that label governs all subsequent communications between the parties unless the label is expunged by express agreement or by necessary implication. . .
Cited – Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 14 July 2022; Ref: scu.266706