||All England Reporter
|| All ER (D) 42 (May)
|| EWCA Civ 443
||Court of Appeal, Civil Division
Elias, Underhill LJJ, Cranston J
||Turlough Stone (instructed by Bryan Cave LLP) for Reveille.
||Matthew Cook (instructed by Goodman Derrick LLP) for Anotech.
||6 May 2016
Contract - Formation - Signature - Judge finding binding contract between parties, formed by claimant accepting, through conduct, written agreement signed by defendant, but not claimant - Defendant appealing - Whether judge erring in concluding contract being reached in circumstances where agreement expressly stating would not be binding on claimant until claimant signing - Whether judge erring in concluding clear and unequivocal acts on claimant's part leading to binding contract.
Contract Formation. The Court of Appeal, Civil Division, dismissed an appeal against the judge's decision that there had been a binding contract between the parties, formed by the claimant (Reveille) accepting through conduct a written agreement, which had been signed by the defendant (Anotech), but not Reveille. It held that Reveille had waived the provision that there would be no binding contract in the absence of its signature on the agreement, and there had been no prejudice from that to Anotech. There had been acceptance by conduct on Reveille's part of the terms of the agreement, which had led to a binding contract.
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