The following Commercial Q&A provides comprehensive and up to date legal information covering:
Acceptance of a contract may be express or may be inferred from words or conduct: Brogden v Metropolitan Railway Corporation. The test is whether a reasonable person in the position of the offeror would think that the offeree was by his conduct intending to accept the offer: IRC v Fry. Unilateral contracts are usually accepted by conduct. In the case of a bilateral contract, the offeree must make a counter-promise to the offeror which, in an appropriate case, could also be inferred from conduct.
Acceptance will only be inferred if the conduct of the offere
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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