Pickfords Ltd v Celestica Ltd

Pickfords Ltd v Celestica Ltd

The second offer of 27 September 2001 impliedly revoked the first offer of 13 September 2001. The fax of 15 October 2001 was a counter-offer, not an acceptance of the second offer. The contract was formed on the terms of the first offer, as modified by the cap of £100,000, and accepted by conduct.

Parties
Claimant/appellant: Pickfords Limited; Defendant/respondent: Celestica Limited
Jurisdiction
England and Wales
Judgment Date
19 November 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Offer and Acceptance, Revocation of Offer, Formation of Contract
Contract Law Offer and Acceptance Revocation of Offer Formation of Contract

Case Brief

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Parties

Pickfords Limited

Claimant/appellant

Celestica Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

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 fax of 15 October 2001 was a counter-offer, not an acceptance of the second offer. The contract was formed on the terms of the first offer, as modified by the cap of £100,000, and accepted by conduct.

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