... deal with Carrara Marble for marble tiles delivery. Although no formal document was signed, Carrara had made deliveries of the tiles and Better Batherooms has paid for them at the reduced rate. It is clear that an offer and acceptance could be found in the case. Written document of such kind is only needed historically to proof the enforceability an agreement. In the judgement of Smith v Hughes, the objective test of contsent was referred to which focus on the examination of what the parties actually said and did. The concept of acceptance by conduct could be further illustrated in Brogden v Metropolitan Railway. Brogden had negotiated with Metropolitan Railway to supply coal at certain amount at a fixed price. Brogden's manager signed and approved the agreement and returned it to Metropolitan Railway's manager, who left it in his desk and forgot about it. Due to some delays in delivery, ...

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