Contract formation – beware the pitfalls

The principles of contract formation are well known but parties still regularly find themselves forming a contract inadvertently following informal communications or resulting from their conduct. In this webinar, the long-established principles will be examined via a series of recent cases.

Topics will include: 

Basic principles

• Offer
• Acceptance
• Consideration
• Intention to create legal relations

 Subject to contract

• When should this phrase be used and what is its effect in practice?
• Joanne Properties v Moneything [2020] EWCA Civ 1541
• What other alternatives are available?
• How does this issue apply to Heads of Terms, Heads of Agreement, Letters of Intent and Memoranda of Understanding?

Agreements to agree

• Lack of agreement over essential terms
• Cooper v Dnata Catering [2022] EWHC 2216 (Comm)

Battle of the forms

• Last shot always wins – or does it?
• TRW v Panasonic [2021] EWHC 19 (TCC)