Source: All England Reporter
Publisher Citation: [2002] All ER (D) 92 (Mar)
Court: Technology and Construction Court

Recorder Moxon-Browne QC

Representation Richard Lord (instructed by Blandy & Blandy, Reading) for the claimant.
  Peter Fraser (instructed by Shadbolts) for the defendant.
Judgment Dates: 6 March 2002


Contract - Offer and Acceptance - Acceptance by silence - Claimant inviting tenders for sub-contract - Tender documentation specifying formalities for contract - Whether parties ad idem - Whether contract between parties.

The Case

Having heard evidence of the contractual negotiations arising out of an invitation for tenders for a sub-contract, the court ruled that since the parties were never ad idem on an issue and had not waived the requirement in the tender documents for formal execution of the contract, no contract had been concluded between the parties.

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