Court Of Appeal ( Civil Division )

1106 WordsOct 31, 20165 Pages
Grant v Bragg & Anr [2009] EWCA Civ 1228 Court of Appeal (Civil division) Facts: Mr. Grant and Mr. Bragg owned 50% each of the company’s shares. A shareholders agreement which had been drawn up at an earlier time permitted the sale of the shares of one share holder to the other on grounds of long-term illness which prevented work for a period longer than 6 months amongst others. Mr. Grant had been diagnosed with cancer and had been away from the office for more than six months and had agreed to sell his shares to Mr. Bragg. The sale of the shares had been negotiated over email and a phone call and Mr Grant, having sent an email accepting the offer to sell his shares assumed that there was an enforceable contract Mr. Bragg, however, argued that he had in fact not agreed to buy the shares and so he wasn’t bound by the contract. The court of first instance ruled in favour of Mr. Grant. Mr Bragg then appealed on the grounds that ‘’the judge was wrong to find that the first and the sixth email gave rise to an enforceable contract’’ His appeal was granted and the judgement in the High court was overruled. Issues: The courts would have to resolve the issues of: (a) Was there an enforceable contract (b) Can a contract be formed without the signatures of the concerned parties Judgement: The court of first instance ruled in favour of Mr. Grant saying that the first and the sixth emails amounted to an enforceable contract but the court of appeal overruled the judgement based on

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