By Simon Salzedy, Peter Brunner, Simon Salzedo
First released in 2004. Routledge is an imprint of Taylor & Francis, an informa corporation.
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4 Obstruction of the offeree’s performance by the offeror Luxor (Eastbourne) Limited v Cooper (1940) HL The defendants wanted to sell certain cinemas and the plaintiff was to find a buyer and negotiate the price (that is, to act as an estate agent). The defendants made clear that they required a certain price and then wrote to the plaintiff ‘on completion of the sale of the…cinemas…a procuration fee of £10,000 is to be paid to [the plaintiff]’. The plaintiff found a buyer willing to pay the price required by the defendants, but the defendants refused to go through with the sale and so refused to pay the plaintiff’s fee.
26 Offer and Acceptance Held there was no contract here and Norweb’s appeal succeeded. In the absence of exceptional circumstances, Norweb was obliged to supply electricity on terms which were largely dictated by the Electricity Act 1989. Per Dyson J: There are many examples of cases where the law to some extent restricts the freedom of parties to enter into a relationship, but where the relationship that results is a contract… But, there are other cases in which a relationship created by legal compulsion is clearly not contractual.
Accordingly, there had been no agreement to vary the terms of the lease. 2 A query is not a counter offer Stevenson, Jaques & Co v McLean (1880) The following events happened in this order. (1) The defendant seller offered to sell to the plaintiff buyer a quantity of iron for ‘40s, nett cash, open till Monday’. 42 on Monday morning, the buyer telegraphed to the seller ‘please wire whether you would accept forty for delivery over two months, or if not, the longest limit you would give’. (3) The seller received the buyer’s telegram, but did not reply.
Contract Law (Briefcase) by Simon Salzedy, Peter Brunner, Simon Salzedo