Common Contracts

1 similar null contracts

Gibson v Manchester Council [1979] 1 WLR 294
September 26th, 2017
  • Filed
    September 26th, 2017

Material Facts House of Lords- Manchester CC proposing to sell house; letter 10/2/1971 to Gibson (tenant of Council Housing).“The Corporation may be prepared to sell the house to you for … £2,180If you would like to make formal application … please complete the enclosed application form.”- Gibson completed the application form and returned the form to the Council- Local government election - new local council stopped all proposed sales, including that to Gibson- Gibson sought to enforce the sale (by specific performance) Issue: Was there a contract?Was there offer and acceptance? Ratio Decidendi: Decision Held: TJ —for Gibson / Court of Appeal—for Gibson (2:1)- Lord Denning: “look at the correspondence as a whole and at the conduct of the parties and see therefrom whether the parties have come to agreement on everything that was material” (departed from conventional approach of offer and acceptance) Held HL—for Council – Lord Diplock:No reason here to depart from conventional approach

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