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United Kingdom formationsubject to contractletter of intent

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG

[2010] UKSC 14
JurisdictionUnited Kingdom
CourtSupreme Court of the United Kingdom
Year2010
StatusBinding authority

Key Principle

Whether a binding contract has been concluded, and on what terms, is determined objectively from the parties' words and conduct, not their subjective states of mind; parties may by their conduct waive a 'subject to contract' stipulation and become bound, even though a formal contract is never signed, once they have agreed all terms they (or the law) regard as essential.

Area of Law

Contract and Commercial

Related Cases

Springwell Navigation Corp v JP Morgan Chase Bank [2010] EWCA Civ 1221
Raiffeisen Zentralbank Österreich AG v Royal Bank of Scotland plc [2010] EWHC 1392 (Comm)
Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55

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