Storer v MCC 1974

March 05, 2024
Micheal James

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The 1974 case of Storer v MCC, decided by the Court of Appeal, stands as a pivotal decision in English contract law, addressing the validity of agreements with unsigned documents and incomplete terms. The case centered around Mr. Storer’s claim that a contract existed for him to purchase a property from the Manchester City Council (MCC), despite the absence of a signed agreement and outstanding details like the purchase price and possession date.

Facts of the Case

Mr. Storer expressed interest in buying a council-owned property. MCC provided a draft agreement outlining the main terms like price range and mortgage assistance. Mr. Storer returned the draft with his details filled in but never formally signed it. Both parties instructed solicitors to proceed, assuming a finalized agreement existed. However, MCC later decided to back out due to potential development value of the land. Mr. Storer sued for specific performance, arguing a binding contract existed.

Legal Issue

The central legal question revolved around the existence of a contract:

  • Did the exchange of documents, unsigned agreement, and incomplete terms constitute a binding contract between Mr. Storer and MCC, despite the absence of a finalized and signed agreement?

Contract Formation Analysis

Analyzing the elements of contract formation:

  • Offer: Arguably, the draft agreement served as MCC’s offer, outlining key terms.
  • Acceptance: Mr. Storer returning the form with his details could be interpreted as acceptance.
  • Consideration: Both parties instructed solicitors, potentially demonstrating mutual exchange and detriment supporting a contract.
  • Outstanding terms: The unsigned status and unfinalized aspects like price and possession date raised questions about a “meeting of minds” and complete agreement.

Legal Principles and Doctrines

Relevant legal principles:

  • Battle of forms: Both sides used forms, with Mr. Storer not explicitly accepting all MCC’s terms.
  • Incorporation by reference: Could unsigned documents like the draft be incorporated into the contract?
  • Estoppel: Did either party’s conduct (e.g., instructing solicitors) prevent them from denying a contract existed?

Judgment and Rationale

The Court of Appeal found a contract existed:

  • They emphasized the parties’ conduct and intention, stating that formalities like signed documents weren’t decisive.
  • MCC’s actions in preparing the draft, accepting Mr. Storer’s response, and instructing solicitors indicated their agreement to the essential terms.
  • Incomplete terms like price and possession date were deemed administrative details to be finalized later, not preventing a binding contract.

Impact of the Case

The decision had a significant impact:

  • Emphasized the importance of considering actual conduct and intention when assessing contract formation, beyond rigid formalities.
  • Clarified the potential application of “incorporation by reference” for unsigned documents under specific circumstances.
  • Recognized the limitations of the “battle of forms” doctrine where conduct suggests mutual agreement despite differing forms.


Storer v MCC highlights the nuanced process of contract formation, reminding us that formalities like signatures may not always be determinative. By focusing on conduct, intention, and the overall context, the court provided a framework for assessing agreements even when some formalities or terms remain outstanding. This case continues to influence contract law, urging careful consideration of all aspects involved in establishing a binding agreement.

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