Moshos v French

The appeal concerned whether a binding agreement had been formed between the appellant, Moshos, and the first respondent, French. The dispute arose from discussions between the parties regarding the sale of a property. The Court of Appeal of New South Wales was required to determine if the evidence established that Moshos and French had entered into a legally enforceable contract for the sale of the property.

The central legal issue was whether, based on the objective facts and communications between the parties, it could be inferred that they had reached a concluded agreement. This involved assessing whether the essential terms of a contract for the sale of land had been agreed upon and whether the parties intended to be bound by those terms at the time of their discussions.

The Court considered the principles of contract formation, particularly the requirement for a clear offer, acceptance, and intention to create legal relations. It analysed the correspondence and conduct of the parties to ascertain if there was a mutual intention to be bound. The Court found that the evidence did not demonstrate a concluded agreement on all essential terms, nor did it establish that the parties intended to be bound at that stage. Consequently, the appeal was dismissed.