University of Plymouth v European Language Center Ltd: CA 24 Jun 2009

The University had in previous summers provided accomodation to the Center for their summer schools. In 2006, the University wrote to say it could offer only much reduced accommodation. The School said that the University had entered into a long term contract with only fees varying from year to year. When the University sued for arrears of fees from a previous year, the Center counterclaimed for the breach of an obligation to provide more places. Negotiations had been by telephone and email, as they had in earlier years, and no formal contract had been signed.
Held: The University’s appeal succeeded. Analysing the correspondence and exchanges, there was nothing to amount to offer and acceptance, and no contract was in place to support the counterclaim. This was supported by the Judge’s own difficulty in identifying its precise terms.
Sir Andrew Morritt VC, Moore-Bick LJ, Etherton LJ
[2009] EWCA Civ 784
England and Wales

Updated: 01 June 2021; Ref: scu.365609