Spiro v Glencrown Properties Ltd [1991] Ch 537, [1991] 1 All ER 600

In this case Hoffman J concluded that there are two alternative characterisations of an option operated only by analogy and that neither fully explains the nature of an option (pg 544): "(it) is not strictly speaking either an offer or a conditional contract. It does not have all the incidents of the standard form of either of these concepts. To that extent it is a relationship sui generis. But there are ways in which it resembles each of them. Each analogy is in the proper context a valid way of characterising the situation created by an option. The question in this case is not whether one analogy is true and the other false, but which is appropriate to be used in the construction of s2 of the Law of Property (Miscellaneous Provisions) Act 1989."

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