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Words: | Submitted: Tue Oct 17 2006
... it was made to"1 the offeror. James made a verbal offer to Peter; Peter accepted the offer and the terms expressed. Peter and James wrote to James's solicitor asking for the agreement to be incorporated into a legal contract, however this was never signed by either of the parties. An acceptance is an expression of assent to the terms of the offer. This can be made by words or conduct. For example in Brogden v Metropolitan Railway Co (1877) 2 App cas 666, no contract was signed but the parties had conducted the business as if the contract was being carried out, and the courts upheld that a contract did in deed exist due to conduct. Citing this case Lord Denning stated in the case of Gibson v Manchester City Council (1978) 2 all ER 593, that it is, in his opinion a mistake to analyse all contracts in the ...
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