ABSTRACT

The traditional view that an agreement requires the identification of a valid offer and a valid acceptance of that offer has been challenged in recent years by:

Lord Denning in Gibson v Manchester City Council [1979] and Butler Machine Tool Co Ltd v Ex-Cell-O Corpn Ltd [1979] where he stated that providing the parties were agreed on all material points, then there was no need for the traditional analysis;

Lord Justice Steyn (obiter) in Trentham Ltd v Archital Luxfer [1993] where he stated that a strict analysis of offer and acceptance was not necessary in an executed contract in a commercial setting.