||All England Reporter
|| All ER (D) 368 (Feb)
|| EWCA Civ 189
||Court of Appeal, Civil Division
Sedley LJ and Black J
||Timothy Charlton QC (instructed by Colman Coyle) for the claimant.
||Mark Warwick (instructed by Alexander Marks & Co) for the defendant.
||26 February 2003
Contract - Offer and acceptance - Mode of acceptance - Acceptance of contractual terms by conduct - Estate agent - Defendant accepting claimant's contractual terms by conduct and becoming liable to pay commission.
A contractual acceptance had to be a final and unqualified expression of assent to the terms of the offer. Conduct would only amount to an acceptance if it was clear that the offeree did the act in question with the intention of accepting the offer. The test as to whether there had been such agreement was an objective one and it followed that conduct which demonstrated an apparent intention to accept could be sufficient, despite uncommunicated mental reservations on the part of the offeree. In the instant case, the defendant's acquiescence in the process of marketing a property had signified her acceptance of the terms of the letter by her conduct, and it followed that commission was payable to the claimant estate agents in relation to the sale of that property.
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