Contract Formation – the key issues

Ask a Question

The principles concerning contract formation are well known and yet every year a number of cases go before the courts concerning this issue.

In this webinar we will consider the basic principles and will examine the impact of the increasing usage of electronic communications such as WhatsApp on this area of law.

Topics for discussion will include:

Basic requirements

  • Offer and acceptance
  • Consideration
  • Intention to create legal relations
  • Oral v written contracts
  • Contracting via WhatsApp
  • Can a thumbs up emoji indicate acceptance?

Agreements to agree

  • Characteristics of an agreement to agree
  • Use of reasonable endeavours

Quasi-contractual agreements

  • Letters of Intent and Heads of Terms
  • Benefits and pitfalls

Incorporation of terms

  • Whose terms and conditions apply?

Battle of the forms

  • First shot v last shot
  • How to win the battle

Top 3 takeaways from the webinar:

  • Understand the key requirements to form a binding contract
  • Adapt contracting procedures to take account of electronic communications
  • Be aware of the risks associated with the battle of the forms

Who this is for:

Lawyers and non-lawyers with an interest in contracts

Level of expertise:

All Levels – this can be picked up throughout anyones professional career regardless of experience

CPD hours:

This live webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

  • To understand the basic principles of contract formation
  • To consider the impact of using electronic communication such as WhatsApp to form a contract
  • To comprehend the risks relating to agreements to agree and quasi-contractual agreements
  • To understand the rules on incorporation of terms and the battle of the forms

Downloads

Your CPD Certificate can be found in your Account.

Keith Markham

Solicitor (non-practising), Author and Lecturer • Keith Markham Limited

Keith Markham qualified as a Solicitor in 2001 and now works as a freelance consultant.

View Full Profile

Have a question?

Recommended for you

Sign up - get notified first of new content releases

Social Channels

© 2026 All rights reserved For Media Group Registered in England No. 13063455 VAT Registration Number GB367031995