May wish to consult a third party for
advice, or there may be ancillary
matters to be arranged before an
individual feels he can comply with
the terms of the contract
Often before an Agreement
Neither a full individual enters usually arrived Facts: vendors agreed to sell purchaser
Facts: D's offered to sell iron to acceptance nor into a contract at is "subject to a house, correspondence said 'subject
Pl. Pl sent telegram to D asking a counter offer
contract" to contract'. V's solicitors wrote to the
whether D would accept money
over 2 months. Later that day, purchasers' solicitors 'our clients have
Pl telegrammed accepting the signed...ready to exchange'. Solicitors
original offer. D maintained wrote back with signed document,
What is conditional waiting for V's to also sign. V changed
that Pl's first telegram acceptance?
amounted to counter-offer and their minds and did not sign
so destroyed original offer
Stevenson v McLean Eccles v Bryant
Conditional acceptance
Held: first telegram
Held: no binding
was a mere request
contract
for further There may be many
information not a communications between
counter-offer the parties intended not to
operate as counter offers When parties propose to
enter into a contract, the
There was no attempt to manner in which the contract
introduce new terms to is to be created must be
the contract, but it was gathered from intention of the
a genuine enquiry by Pl parties, express or implied
to see if D would be
willing to modify terms Courts view such discussions But merely as attempts to clarify
as mere requests for further the extent and terms of the offer,
information which do not or to ascertain whether the
offer as counter-offers to offeror would consider changing
destroy the original one certain aspects of the contract
advice, or there may be ancillary
matters to be arranged before an
individual feels he can comply with
the terms of the contract
Often before an Agreement
Neither a full individual enters usually arrived Facts: vendors agreed to sell purchaser
Facts: D's offered to sell iron to acceptance nor into a contract at is "subject to a house, correspondence said 'subject
Pl. Pl sent telegram to D asking a counter offer
contract" to contract'. V's solicitors wrote to the
whether D would accept money
over 2 months. Later that day, purchasers' solicitors 'our clients have
Pl telegrammed accepting the signed...ready to exchange'. Solicitors
original offer. D maintained wrote back with signed document,
What is conditional waiting for V's to also sign. V changed
that Pl's first telegram acceptance?
amounted to counter-offer and their minds and did not sign
so destroyed original offer
Stevenson v McLean Eccles v Bryant
Conditional acceptance
Held: first telegram
Held: no binding
was a mere request
contract
for further There may be many
information not a communications between
counter-offer the parties intended not to
operate as counter offers When parties propose to
enter into a contract, the
There was no attempt to manner in which the contract
introduce new terms to is to be created must be
the contract, but it was gathered from intention of the
a genuine enquiry by Pl parties, express or implied
to see if D would be
willing to modify terms Courts view such discussions But merely as attempts to clarify
as mere requests for further the extent and terms of the offer,
information which do not or to ascertain whether the
offer as counter-offers to offeror would consider changing
destroy the original one certain aspects of the contract
