Where parties have conducted negotiations through solicitors with a view to executing a formal deed, a solicitor's statement that a client 'will sign' the deed does not constitute acceptance of an offer or bind the client to the agreement. The litigation exception to the general rule that solicitors lack ostensible authority to bind clients does not extend to disputes that are merely potentially litigious. The formality of parties' previous dealings is a relevant consideration in determining whether they intended to be bound prior to execution of formal documentation.
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