Immingham Storage Company Ltd v Clear Plc [2011] EWCA Civ 89 (09 February 2011)
A binding contract was formed when the claimant accepted the defendant's signed quotation, as the only conditions were board approval and tank availability, both satisfied, and the reference to a future formal contract was merely a formality and not a condition precedent to contract formation.
- Citation
- [2011] EWCA Civ 89
- Parties
- Appellant: Immingham Storage Company Ltd; Respondent: Clear PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 09 February 2011
- Procedural Posture
- Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Formation of Contract, Intention to Create Legal Relations, Conditional Contracts, Interpretation of Commercial Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Immingham Storage Company Ltd
Appellant
Clear PLC
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Legal Issues
- 1 Whether a binding contract was formed between the parties through email exchanges and the signed quotation despite reference to a future formal contract.
Ratio Decidendi
A binding contract was formed when the claimant accepted the defendant's signed quotation, as the only conditions were board approval and tank availability, both satisfied, and the reference to a future formal contract was merely a formality and not a condition precedent to contract formation.
Court Disposition
Appeal dismissed
Orders
- Judgment for the claimant for damages for breach of contract in the sum of £197,110.77 including interest.
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