Offer And Acceptance - Bragging Rights Reversed

The Court of Appeal has reversed the High Court's decision in Grant v Bragg and another [2009] EWCA Civ 1288, which had found a contract to exist on the basis of e-mail correspondence. This decision again demonstrates the need for ensuring that both parties to a bargain are certain of the point at which a legal contract is formed, and of the dangers of failure to agree and document adequately this fundamental point.

Parties should exercise care when negotiating a contract by e-mail. Statements that may seem clear and reasonable at the time can be...