The parties had gone ahead in performing the contract for the supply of machinery for manufacturing yoghurt pots, despite not having concluded formal agreements.
Judges:
Christopher Clarke J
Citations:
[2008] EWHC 1087 (TCC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – G Percy Trentham Ltd v Archital Luxfer Ltd CA 1993
The court discussed how it should approach the task of establishing whether a contract had been made.
Performance can be a critical factor in demonstrating that the parties intended to create legal relations.
Steyn LJ said: ‘Before I turn . .
Cited by:
Appeal from – RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh and Co KG CA 12-Feb-2009
The parties went ahead with performance of a contract or the provision of a substantial production line without formally completing negotiation of the contract. . .
At First Instance – RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh and Company Kg (UK Production) SC 10-Mar-2010
The parties had reached agreement in outline and sought to have the contract formalised, but went ahead anyway. They now disputed whether an agreement had been created and as to its terms if so.
Held: It was unrealistic to suggest that no . .
See Also – RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh and Co KG CA 12-Feb-2009
Costs Judgment . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 14 July 2022; Ref: scu.267720