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 be re-assigned. The plaintff agreed orally.
Held: The Statute did not apply, since everything which would need to be done could be done within the year. If a signed contract had been necessary, a contract by the party charged had been established, since the parol acceptance of the written and siged offer was sufficient.
Citations:
(1857) 2 CB(NS) 67, [1857] LJCP 143, [1857] LTOS 93, [1857] 3 Jur NS 516, [1857] 5 WR 563, [1857] 140 ER 337
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Parker v Clark 1960
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 . .
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.
Contract
Updated: 01 May 2022; Ref: scu.241710
