Q&As

A set of terms and conditions provide that for a contract to be formed and the terms and conditions to apply, certain pre-conditions must be met. In the scenario where the pre-conditions are not met but the parties act as though the contract has been formed, has a contract been formed and if so do the terms and conditions apply to it?

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Published on LexisPSL on 10/03/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • A set of terms and conditions provide that for a contract to be formed and the terms and conditions to apply, certain pre-conditions must be met. In the scenario where the pre-conditions are not met but the parties act as though the contract has been formed, has a contract been formed and if so do the terms and conditions apply to it?
  • Enforceability of the terms and conditions

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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