Source: All England Reporter
Publisher Citation: [2002] All ER (D) 217 (Oct)
Neutral Citation: [2002] EWHC 2094 (Ch)
Court: Chancery Division

Lawrence Collins J

Representation Lawrence Cohen QC and Stephen Moverley Smith QC (instructed by Pinsent Curtis Biddle) for the claimant.
  Andrew Onslow QC and Orlando Fraser (instructed by Allen & Overy) for the defendants.
Judgment Dates: 16 October 2002


Contract - Contractual term - Uncertainty - Enforceability.

The Case

On the true construction of a clause in an agreement entered into between the parties the structure of the clause confirmed that the word 'offer' in the first sentence did not mean 'offer capable of acceptance'. If that conclusion was right, no further question arose on that issue since the claimant accepted that in those circumstances the first two sentences of the clause were simply an unenforceable agreement to negotiate and agree.

Practice Areas

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