English Contract Law General Principles

As Treitel explains, “acceptance in ignorance of an offer cannot create a contract since the parties must reach agreement; it is not enough that their wishes happen to coincide”.

A perfect illustration of the rule is Tinn v Hoffman. In that case it was held that there was no contract as the seller and buyer were unaware of the other’s intention to sell / buy at the time of writing their correspondence. It was simply a case of their intentions to sell and buy and the relevant terms coinciding.(66)…

“The promise or offer made on each side in ignorance of the promise or offer made on the other side, neither of them can be construed as an acceptance of the other.”…