Home | Cases | Manchester Diocesan Council for Education v Commercial & General Investments Ltd

 

Key information

Court
Chancery

Issues
Acceptance (form)

AustraliaManchester Diocesan Council for Education
v Commercial & General Investments Ltd

[1970] 1 WLR 241; [1969] 3 All ER 1593


Facts

MD called for tenders relating to property.  C&G submitted a tender (offer to buy). The tender stated that acceptance was to be notified to the person whose tender was accepted by letter sent ‘by post addressed to the address given in his tender’.  MD decided to accept C&G tender and sent their acceptance to the CG's solicitor, which was not the address given in the offer.  C&G knew of this acceptance. Was there a contract? In particular, was a mandatory form stipulated for acceptance and, if so, was it complied with?

Held

The method of acceptance prescribed in the tender was not mandatory - here the offeror was made aware of the acceptance by an equally effective method and thus the acceptance was effective.

 

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