COUNTER OFFER
communication of intention to contract.
# BROGDEN V METROPOLITAN
RAILWAY CO. (1877) = binding
contract was made when amended
document was returned.
# HYDE V WRENCH (1840)= plaintiff
made his own offer & not allowed to
revive the original proposal.
# STEVENSON V MCLEAN (1880) =
contract made in 2nd telegram,
counter offer different from mere
request of information
 Change in time of delivery/
prize
SUBJECT TO CONTRACT
Contract made when agreement put
into writing BUT can cancel to not
move forward.
Possibilities to binding contract
 Parties agree to ignore a
condition/ agreed clearly
# RTS Flexible Systems Ltd v Molkerei
Alois Muller GmBH & Co KG (2010)
#POWELL V LEE (1908) = no authorised
# FELTHOUSE V BINDLEY (1862) = silence
of nephew didn’t amount to acceptance
& no contract between nephew and
uncle
# ENTORES V MILES FAR EAST CORP
(1955)/ # BRINKIBON V STAHAG STAHL
(1983) / # APPLE CORPS LIMITED V
APPLE COMPUTER, INC (2004) = Holland
sue from London jurisdiction cz offer &
acceptance was made & received from
London, Vienna sue from Londan
UNCONDITIONAL/ jurisdiction, final place where
COMMUNICATION
UNQUALIFIED ACCEPTANCE acceptance take place
# THE BRIMNES (1975) = notice of
withdrawal sent during business hours,
not noticed by recipient that lead to
termination of contract.
# THOMAS & GANDER V BPE SOLICITORS
(2010) = acceptance through email will
be made when it’s sent out and received
by intended parties.
# ARCADIS CONSULTING V AMEC (BSC)
(2016) = acceptance is constituted when
communication is made clear
# REVEILLE INDEPENDENT LLC V
ANOTECH INTERNATIONAL UK LTD
(2016)= there’ll be no acceptance until
signature comes into action.