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In 1877 there is a conflict occurred between the Brogden and metropolitan railway company which leads to them in a UK court to settle the dispute between them.



*Metropolitan  Railway company


 In this case, Brogden is a coal supplier to the metropolitan railway company for many years, without any formal agreement between them.

Now after many years, they decided we both want to work together why we should not make a formal agreement?

Now both the parties agree in making a formal agreement between them. hence the metropolitan railway prepare a drafted contract related to this and sent it to Brogden.

Now Brogden read the draft contract and add some points to that contract. He added the arbitrator for solving the future related dispute between the parties and some other points he amended in that drafted contract. 

After amended, the agent of Brogden prepare the final contract and send it again to the metropolitan railway company for consent.

Now when the metropolitan railway company receives the contract from a Brogden, The company read the contract and put it into his drawer and he does not send any consent to the Brogden related to that drafted contract.

Hence during this time, the business is continued to supply coal to the metropolitan railway.


* whether there is an existence of a valid contract between them.

 *Whether the written agreement was valid or not without consent.


According to the case, the contract is valid between the parties because the transaction is performed by one party and is accepted by the other parties without any discussion on the drafted contract. hence Brogden thinks that the metropolitan railway company accepts the offer and he continues the supply of coal to the metropolitan railway company.

See also  All About Contingent Contract |ICA, 1872


At last, I said that,  if the contract is made without consent with each other is valid in some case, when one party send is assent and the other is not, and when the parties are accepting the transaction with each other then in that case contract is valid without the consent of each other.


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