Forming contracts without offer and acceptance, Lord Denning and the harmonisation of English contract law

Stone, Richard (2012) Forming contracts without offer and acceptance, Lord Denning and the harmonisation of English contract law. Web Journal of Current Legal Issues, 2012 (4). n/a. ISSN UNSPECIFIED

Documents
StoneFormingContractsWebjcli.pdf
[img]
[Download]
[img]
Preview
PDF
StoneFormingContractsWebjcli.pdf - Whole Document

277Kb

Official URL: http://webjcli.ncl.ac.uk/2012/issue4/stone4.html

Abstract

English contract law has traditionally used the requirement of a matching offer and acceptance as the means of identifying agreement. A more flexible approach was proposed by Lord Denning in several cases in the 1970s, but firmly rejected by the House of Lords in Gibson v Manchester City Council [1979] 1 WLR 294. More recently there have been some suggestions of a revival of Lord Denning’s approach, culminating in the decision of the Supreme Court in RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh [2010] UKSC 14, [2010] 1 WLR 753. This article analyses this development, discussing the implications for both practice and theory of a more flexible approach to formation of contracts. It also draws comparisons with the approach taken in other European jurisdictions and the United States. It concludes that provided the development is kept within identifiable limits, it provides a welcome harmonisation of English law with that of other jurisdictions.

Item Type:Article
Keywords:Law, Contract law, European Contract Law, Offer and Acceptance
Subjects:M Law > M222 Contract Law
Divisions:College of Social Science > Lincoln Law School
ID Code:6740
Deposited By: Richard Stone
Deposited On:01 Nov 2012 17:47
Last Modified:05 Dec 2013 10:21

Repository Staff Only: item control page