Contract Formation – avoiding the pitfalls

Although the basic requirements for contract formation are well known, this does not prevent a steady stream of cases coming before the courts in respect of this issue. In many ways, this reflects the commercial reality under which so many businesses operate. They start to provide goods and services and hope that the formal documentation will follow soon thereafter. When it does not, inevitably, all manner of arguments ensue.

This webinar examines a series of recent cases that have considered many of the key issues and provides practical recommendations about how to minimise risk.

Topics covered include:

• Offer and acceptance
  • In what circumstances can an exchange of correspondence and subsequent conduct constitute offer and acceptance?
  • Sundorne Products (Potters) v Geminor [2024] EWHC 1666 (Ch)
• Agreements to agree
  • Is a mechanism to adjust pricing during the life of a contract enforceable or an agreement to agree?
  • KSY v Citrosuco [2024] EWHC 2098 (Comm)
  • Does a requirement to use ‘reasonable endeavours to agree’ create an enforceable obligation?
  • Salem v Salem [2024] EWHC 3311 (Ch)
• Intention to create legal relations
  • When can a Heads of Terms document create a legally binding contract?
  • What is the significance of a requirement for a formal agreement?
  • Does this make the discussions ‘subject to contract’?
  • Pretoria Energy v Blankney Estates [2023] EWCA Civ 482
• Incorporation of contract terms in a T2C contract
  • What steps do traders need to take to successfully incorporate consumer ts and cs in a website context?
  • Parker-Grennan v Camelot [2024] EWCA Civ 185