03 Agreement Flashcards
Mistake as to Terms: Mistakes as to terms known by the offeree void the contract [1871]…
Smith v Hughes
Offers and Communication: An offer is only made when the commitment to be bound (create legal relations) is communicated [1893]…
Harvey v Facey
The council wrote to G in response to his inquiry informing him of the price at which they may be prepared to sell the house but that it should not be regarded as a firm offer of a mortgage. The letter did not confer power on G to bind the council to sell as soon as he accepted, it expressly warned him not to do so [1979]…
Gibson v Manchester CC
The council’s letter conveyed an intention to be bound and so the contract could be concluded [1974]…
Storer v Manchester CC
Displays and Advertisements: The offer is made by the customer when they present their items for payment [1953]…
Pharmaceutical Society of GB v Boots Cash Chemist
Displays and Advertisements: The advertisement was a unilateral contract to the whole world so long as the specified conditions were met [1893]…
Carlill v Carbolic Smoke Ball Co.
Battle of Forms: Generally the last party to present their standard terms ‘wins’ [1979]…
Butler v Ex-Cell-O-Corp
Acceptance by Silence: Acceptance cannot be conferred by a party’s silence [1862]…
Felthouse v Bindley
Postal Rule: The offeree is bound even if they don’t know of the acceptance [1879]…
Household Fire & Carriage Accident Insurance Co.
Postal Rule: The offeror cannot revoke his offer after the offeree’s acceptance is posted [1880]…
Byrne v Van Tienhoven
Postal Rule: Offerors can contract out of the postal rule [1974]…
Holwell Securities v Hughes
Unilateral Contracts: Unilateral contracts are only concluded with performance of the stipulated act [1893]…
Carlill v Carbolic Smoke Ball Co.
Conditional Agreements: The court can enforce an agreement with such a clause if there is a clear intention to be bound and the non-signing party’s subsequent words and conduct amount to a waiver of the stipulated step [2010]…
RTS Flexible Systems v Molkerei Alois Muller GMBH
Objective Test of Intentions: Blackburn LJ chose the objective test of intentions over the subjective test [1871]…
Smith v Hughes
