Grant v Bragg & Anor

Grant v Bragg & Anor

The Court of Appeal held that no binding contract was formed because the offer was rejected in the course of negotiations, the offer lapsed before purported acceptance, and the parties' conduct indicated that execution of the Dixon Ward draft was a condition precedent to contract formation.

Parties
Respondent/claimant: Graham Grant; Appellant/defendant: Russell Bragg
Jurisdiction
England and Wales
Judgment Date
20 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Formation of Contract, Offer and Acceptance, Subject to Contract, Lapse of Offer
Contract Law Formation of Contract Offer and Acceptance Subject to Contract Lapse of Offer

Case Brief

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Parties

Graham Grant

Respondent/claimant

Russell Bragg

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether an enforceable contract was formed by the exchange of emails between 30 January and 2 February 2007 for the sale of shares
  2. 2 Whether the offer was rejected or lapsed before acceptance
  3. 3 Whether negotiations were subject to a 'subject-to-contract' proviso

Ratio Decidendi

The Court of Appeal held that no binding contract was formed because the offer was rejected in the course of negotiations, the offer lapsed before purported acceptance, and the parties' conduct indicated that execution of the Dixon Ward draft was a condition precedent to contract formation.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.