ACCEPTANCE OF AN OFFER BY CONDUCT

Day Morris Associates v Voyce [2003] EWCA Civ 189; [2003] All ER (D) 368 (Feb)

The Court of Appeal in Day Morris Associates v Voyce [2003] EWCA Civ 189; [2003] All ER (D) 368 (Feb) held that the defendant home-owner had, by her conduct in allowing the defendant estate agents to produce particulars for the sale of her property and market it, accepted the claimants’ offer to market her property in return for the payment of commission on exchange of contracts for the sale of the property. The first defendant was therefore held liable to pay commission to the claimants. The judgment of Mrs Justice Black contains a helpful of summary of the factors to which the courts will have regard when deciding whether or not there has been an acceptance of an offer by conduct.