Kriketos v Livschitz

The appeal in *Kriketos v Livschitz* concerned a dispute over whether a contract had been formed between the parties. The appellant, Kriketos, argued that no contract existed, while the respondent, Livschitz, contended that a contract had been concluded through the conduct of the parties. The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the conduct of the parties, particularly in the absence of an express acceptance of the final offer, was sufficient to establish a binding contract. This required the court to consider the principles governing the inference of a contract from conduct, including the significance of silence and the test for determining whether acceptance can be inferred from subsequent actions.

The Court of Appeal found that the conduct of the parties did not demonstrate a final mutual assent to the terms of the offer. Applying established principles of contract law, the court determined that the respondent's actions did not unequivocally indicate an acceptance of the appellant's final offer. Consequently, the court concluded that no contract had been formed.

The appeal was allowed, and the verdict and judgment entered for the respondent in the District Court were set aside. Judgment was entered for the appellant, and the respondent was ordered to pay the appellant's costs of both the appeal and the District Court proceedings.