I - Intention to contract
19/3/24
SMIT SALVAGE BV v LUSTER MARITIME SA [2024] EWCA Civ 260
In deciding whether parties concluded a legally binding contract, the whole course of their negotiations must be considered. It is possible to conclude a binding contract even though it is understood or agreed that a formal document will follow which may include terms which have not yet been agreed. Whether this is what the parties intend to do must be determined by an objective appraisal of their words and conduct. On the facts, the claimants had not demonstrated that the parties’ exchanges evinced unequivocally an intention to be bound.