Contract

Contract - 'final draft' - The use of the words 'final draft' in the e-mail dated 30.03.2018 cannot be determinative by itself - The e-mail dated 26.02.2018 sent by the defendant had also used the same phraseology - The plaintiff was well aware from the very inception that the defendant was negotiating for sale of the lands simultaneously with two others - The fact that a draft MoU christened as 'final-for discussion' was sent the same day cannot lead to the inference in isolation, of a concluded contract - There is no evidence at this stage that the acceptance was communicated to the defendant before the latter entered into a deal with the third party and executed a registered agreement for sale - The prolonged negotiations between the parties reflect that matters were still at the 'embryo stage' - Plaintiff at this stage has failed to establish that there was a mutuality between the parties much less that they were ad-idem – Temporary injunction. #2020 SCeJ 52