Practice: Menu à la contract

Macfarlanes LLP | The Commercial Litigation Journal | March/April 2017 #72
James Popperwell and Nikolas Ireland examine a recent case looking at contract formation ‘The tentative nature of the words used by MacInnes in referring to and describing the alleged agreement signified that the formulation process was ongoing as opposed to being a concluded agreement.’The High Court’s recent decision in MacInnes v Gross [2017] provides a …

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Practice: Careless talk

Hogan Lovells | The Commercial Litigation Journal | May/June 2015 #61
Paul Chaplin examines an unintended agreement ‘Whether a concluded agreement has been reached is to be determined objectively by considering the whole course of the parties’ negotiations, including an objective appraisal of the parties’ words and conduct.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], the court considered whether an exchange of …

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