Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In addition, the appellants challenge the magistrate’s factual and legal findings that a binding contract existed between the respondent and either appellant.…
…The Respondent supports the judgment and contended that the trial court properly found the existence of a binding oral contract. 14.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff argues that a binding contract was concluded when it offered to purchase 100,000 units of 3M N95 masks from the 1st Defendant at USD 1.8 per unit.…
…Whether there existed a binding contract 11.…
Division and case type: High Court Commercial and TaxCommercial Matters
…contract. 10.…
…(i) Existence of a legally binding contract 24.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…It stated that the LPO is not a binding contract as it is merely an offer and does not encompass all the three essential elements of a valid contract being offer, acceptance and consideration.…
…This document allows a transaction to occur and when accepted by the seller becomes a legal binding contract of sale.”…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This document allows a transaction to occur, and when accepted by the seller, becomes a legally binding contract of sale.”…
…From the above definition, it is evident that the LPO between the parties dated 18th December 2012 constituted a binding contract.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff submits that a valid, binding contract existed by offer, acceptance, and consideration, formed through words and conduct.…
…contract.”…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Applicant contends that once a bid is accepted at auction, a valid and binding contract of sale is formed, which extinguishes the chargor’s equity of redemption, and therefore the statutory power of sale cannot be exercised…
…The Applicant further asserts that the fall of the auctioneer’s hammer creates an immediate binding contract between the chargor and the highest bidder, and that any subsequent attempt to re-advertise the property without…
Division and case type: High Court Commercial and TaxCommercial Matters
…By the above letter Defendants made it very clear that they were not ready and did not intend to enter into a binding contract with the plaintiff at that stage.…
…It is my finding that the correspondence exhibited by the plaintiff did not meet the threshold of a binding contract.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Contractual relationship between the parties The Plaintiff asserts that the contractual relationship is evident through the LPOs which constitute a legally binding contract when accepted by the seller and that the Defendant…
…This document allows a transaction to occur and when accepted by the seller becomes a legal binding contract of sale.’…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Applicant submitted that parties entered into a binding contract for the redemption of the Applicant’s property.…
…Based on the evidence before me, I am not persuaded that the binding contract referred to and relied on by the Applicant existed between the parties. No contract was ever executed; and no payment was ever made.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether a binding contract existed between the parties herein. 34.…
…The plaintiff contended that a binding contract arose upon issuance of the Notification of Award dated 26th January 2021, which it accepted on 1st February 2021.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Respondent urged the court that there was no existing binding contract between the parties to sustain the Arbitration proceedings. 6.The argument that the award was against public policy was premised on the argument that…
…contract between the parties. the Arbitrator evaluated the contract dated 21st January 2016, the addendum agreement and the oral evidence of the Respondent’s witness who confirmed the agreement was signed by its authorized…
Division and case type: CivilCivil Case
…annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application for a summary judgment filed on July 30, 1987 amounted to a binding…
…contract forcing the defendant to use the trade marks of the plaintiffs for the 10 years period stipulated in the said agreement.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Whether there existed a valid and binding contract between the parties; ii. Whether the 1st Appellant was in breach of the contract; iii. Whether the repossession and sale of the motor vehicle were lawful; iv.…
…Existence of a valid and binding contract between the parties 14.…
Division and case type: High Court DivCivil Appeal
…The learned trial magistrate erred in law and in fact by finding that there was a binding contract between the Appellant and the Respondent whereas the contract had not been signed by either the parties. 3.…
…The learned trial magistrate erred in law and in fact by finding that there was a binding contract between the Appellant and the Respondent whereas the agreement had not been fully executed. 4.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The issues that arise for determination are – i) Whether a valid and binding contract existed; ii) Whether the defendant’s conduct amounted to a fundamental or repudiatory breach; iii) Whether the plaintiff was ready, able…
…Whether a valid and binding contract existed. 14.…
Division and case type: High Court Commercial and TaxCommercial Matters
…With the above in hindsight, I will now proceed to determine this matter which from the Plaintiff’s submissions, it seeks the court to determine three issues: Was the Agreement a legally binding contract?…
…I therefore find that the Agreement was a legally binding contract between the parties.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In this instance, the Defendant’s acceptance of the funds and subsequent acknowledgment of the loan, evidenced by the issuance of cheques, suggests that both parties intended to formalize their arrangement as a legally binding…
…contract.…
Division and case type: High Court DivCivil Suit
…Analysis& Determination Whether there was a binding contract between the Plaintiff and Defendant 33. The letter dated 21/05/2020 (P.…
…The highlighted correspondence between the parties raises a question as to whether there was a binding contract, capable of being breached, between the parties.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd EWCA Civ 2222, the Court of Appeal confirmed that an agreement reached at the interim stage and acted upon by the parties constituted a binding contract, especially where its…
…contract. 46.…