Case Reading Guide: Gibson v Manchester City Council [1979] 1 WLR 294

Key question: Is there a contract between Mr Gibson and Manchester City Council?

What does Mr Gibson want

to achieve? Why has he
brought the case to court?

What was the trial judge’s

decision? In what court?
For what reasons?

What was the Court of Lord Denning Lord Geoffrey Lane

Appeal’s decision?
How did each judge answer
the key question in the
case? Why?

Lord Diplock states that he

prefers the ‘conventional
approach’ or ‘normal
analysis’ to identify
whether the parties have
reached agreement.
Identify the relevant part of
the judgment, and describe
it in your own words.

How does Lord Diplock

apply the ‘conventional
approach’ in this case? Has
agreement been reached?
Why or why not? Which
Court of Appeal judge does
Lord Diplock agree with?

What is the impact of the

decision on the plaintiff?

At the end of the judgment,

Lord Diplock states: ‘hard
cases offer a strong
temptation to let them
have their proverbial
consequences. It is a
temptation that the judicial
mind must be vigilant to
resist’. What does this
mean, and do you agree
with this statement?