PROVING THINGS 280: DEFENDANT FAILS TO PROVE THAT AN ACTION HAD BEEN COMPROMISED: THE TERMS “SUBJECT TO CONTRACT” MEAN THAT ACCEPTANCE DID NOT GIVE RISE TO A BINDING COMPROMISE

Documents are often marked "subject to contract".  This case considers the practical implications of such markings. In particular whether an apparent acceptance of an agreement gave rise to a binding agreement. As we shall see the wording was found to have prevented the apparent acceptance being leg...