Golden Ocean Group Ltd. v Salgaocar Mining Industries Pvt Ltd & Anor [2011] EWHC 56 (Comm) - Lexology

 In this shipping case the Court held that negotiations by email and related documents could arguably amount to a guarantee for the purposes of the Statute of Frauds 1677, even though no hard copy of the final form of guarantee was signed. Parties should therefore remember to be careful when conducting commercial negotiations by email that they do not unintentionally enter into an agreement. The best way of seeking to do that is by expressly making such communications "subject to contract".


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