Study Notes

Key Case | Jones v Daniel (1894) | Formation of Contract - Counter-offer

A Level, IB, BTEC National
AQA, Edexcel, OCR

Last updated 26 May 2021

Where an offeree seeks to accept an offer, but when doing so simultaneously adds additional terms, this is not acceptance but rather a counter-offer, whereby no acceptance takes place, and no contract is formed.


Claimant: Jones

Defendant: Daniel

Facts: The defendant offered to sell his property to the claimant. The claimant wrote a letter accepting the offer, but in this letter included additional terms that had not been included in the original offer.

Outcome: Not liable – no contract had been formed

Legal principle: As the letter purporting to accept the offer contained additional terms it was not an acceptance, and no contract was formed.

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