Pickfords Ltd v Celestica Ltd [2003] EWCA Civ 1741 (19 November 2003)

Pickfords Ltd v Celestica Ltd [2003] EWCA Civ 1741 (19 November 2003)

The second offer of 27 September 2001 impliedly revoked the first offer of 13 September 2001. The defendant's fax of 15 October 2001 purported to accept the first offer but introduced a cap of £100,000, making it a counter-offer. The claimant accepted this counter-offer by conduct in carrying out the work. The contract was formed on the terms of the first offer as modified by the cap in the acceptance.

Citation
[2003] EWCA Civ 1741
Parties
Claimant/appellant: Pickfords Limited; Defendant/respondent: Celestica Limited
Jurisdiction
England and Wales
Judgment Date
19 November 2003
Procedural Posture
Civil Appeal / Appeal From Manchester County Court Decision
Outcome
Appeal dismissed
Legal Topics
Offer and Acceptance, Revocation of Offer, Formation of Contract, Counter Offer, Incorporation of Terms
Contract Law Offer and Acceptance Revocation of Offer Formation of Contract Counter Offer Incorporation of Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pickfords Limited

Claimant/appellant

Celestica Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Manchester County Court Decision

Legal Issues

  1. 1 Whether the second offer revoked the first offer
  2. 2 Which offer was accepted by the defendant's fax of 15 October 2001
  3. 3 Whether a contract was formed and on what terms

Ratio Decidendi

The second offer of 27 September 2001 impliedly revoked the first offer of 13 September 2001. The defendant's fax of 15 October 2001 purported to accept the first offer but introduced a cap of £100,000, making it a counter-offer. The claimant accepted this counter-offer by conduct in carrying out the work. The contract was formed on the terms of the first offer as modified by the cap in the acceptance.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment.
  • Appellants to pay the respondents an interim payment of £6,000 on account.