Court of Appeal binds party to contract by conduct

Reveille Independent LLC v Anotech International UK Ltd (2016) 33 BLM 06 1, [2016] EWCA Civ 443, 6 May 2016

A dispute arose as to whether a binding contract had come into existence between the parties, by virtue of a deal memo regarding the promotion of Anotech’s cookware products. On 16 February, Reveille sent a deal memo to Anotech, stating that the deal memo would “not be binding on Reveille until executed by both Licensee and Reveille”. The deal memo was intended to be replaced by detailed long form agreements, but negotiations broke down and in July 2012, Reveille treated the contract as repudiated, but Anotech argued that there was no contract.