||All England Reporter
|| All ER (D) 142 (Jan)
||Court of Appeal, Civil Division
Latham LJ and Wilson J
||Simon Cavender (instructed by Howard Kennedy) for the claimant.
||Jonathan Bellamy (instructed by Capsticks) for the defendant.
||22 January 2002
Contract - Offer and acceptance - Acceptance - Defendant inviting claimant to prepare scheme for development - Defendant writing to claimant confirming payment details - Claimant later contending its letter in response to defendant's letter amounting to counter-offer - Judge finding defendant's letter confirming oral agreement and that claimant not making counter-offer - Whether judge in error.
On the facts of the instant case, the claimant firm of architect's letter in reply to the defendant's invitation to draw up plans for development had amounted to acceptance of the defendant's terms of payment, rather than a counter-offer. Under the terms of the defendant's letter, as the claimant's proposed scheme had not gone ahead it was not entitled to any further payment from the defendant.
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