A series of emails and phone calls were not sufficient to establish a contract, the Court of Appeal has ruled in a case concerning a dispute over summer accommodation at the University of Plymouth. An email from the university indicating that it might have 200 beds available was not a binding offer on the part of the university to make the facilities available and did not constitute a contract to provide that amount of space. The Court held that negotiation may have been at a late stage with a view to reaching a final agreement. A contract can be concluded by phone and email only if all of the formal qualities of a contract are present. The case highlights the necessity to ensure that FE and HE staff that are involved in communicating and agreeing the terms of contracts are aware of the potential risks. The ruling can be accessed online at - http://www.bailii.org/ew/cases/EWCA/Civ/2009/784.html. Further details of the news item can be found on the OUT-LAW website at - http://www.out-law.com/page-10229.
04/08/2009