9 Mar 2010
NEWSOME V RAY DENNIS CONSTRUCTION LIMITED HC HAM CIV-2009-419-001467
- Citation
- openlaw-d60a99c1_dfc4_4f13_97a2_d6f438416083.pdf
- Court
- High Court
The trial Judge erred by inferring acceptance from notions of commercial practice and common sense where the evidential record was silent; because Dennis Construction failed to prove an unqualified acceptance of the 15 December 2006 quotation on the balance of probabilities, there was no concluded contract and the appeal is allowed.