1-4 Cases

Question 1

Lampleigh v Brathwait

Answer 1

Exception to past consideration

Act must have been done at promisor’s request

Defendant asked for royal pardon and claimant then offered £100 for trouble

Question 2

Roscorla v Thomas

Answer 2

Past consideration is not sufficient consideration

Horse free from vice

Question 3

Entores v Miles Far East

Answer 3

ACCEPTANCE must be communicated to the offeror

contract was made when company received acceptance by telex

Question 4

Chappell v Nestle

Answer 4

Consideration need not be adequate

Question 5

Ward v Byham

Answer 5

When an existing duty is exceeded

Held mother exceeded legal duty by promising child would be well and happy

Question 6

Errington v Errington and Woods

Answer 6

Revocation of a unilateral contract

Son and daughter in law making mortgage payments

Question 7

Scotson v Pegg

Answer 7

Exception of performance of an existing duty

Where there is an existing contractual duty owed to a third party

Question 8

Williams v Roffey Bros

Answer 8

Exception to performance of existing duty

Completed work on time and there was a penalty clause for late completion, so came as a practical benefit to them

Question 9

Byrne + Co v Van Tienhoven

Answer 9

REVOCATION must be communicated

Withdrawal of offer was taken effect when received

Question 10

Felthouse v Bindley

Answer 10

Silence is not acceptance of an offer

Uncle offered to but horse from nephew and said if he doesn’t hear from him, he’ll take it as a yes

Question 11

Dunlop v Selfridge

Answer 11

Privity of contract

Only parties to a contract can acquire rights and liabilities under it

Question 12

Adams v Lindsell

Answer 12

When a letter of acceptance is posted, a contract is formed

Question 13

Edwards v Skyways

Answer 13

Rebuttable presumption that there is an intention to create legal relations in commercial agreements

Question 14

Merritt v Merritt

Answer 14

Rebuttable presumption that there is no intention to create legal relations in social domestic agreements

Rebutted as not living together amicably

Question 15

Ramsgate v Montefoire

Answer 15

An offer may lapse after a period of time, depending on the nature of the contract

Question 16

Harvey v Facey

Answer 16

Statements of price and invitations to treat are not offers capable of acceptance

Question 17

Hyde v Wrench

Answer 17

A counter offer kills the original offer and is a form of rejection

Question 18

Currie v Misa

Answer 18

Definition of consideration

Some detriment to the promisor or some benefit to the promisee

Question 19

Tweedle v Atkinson

Answer 19

Consideration must move from the promisee

Question 20

Glasbrook v Glamorgan

Answer 20

Exception to performance of existing duty rule, when a duty is exceeded

Minors asked police for extra protection

Question 21

Hartley v Ponsonby

Answer 21

Upward variation

Held more to do more than their existing contractual duty

17 crew jumped ship

Question 22

Combe v Combe

Answer 22

Condition for promissory estoppel

Must be used as a shield and not a sword

Question 23

Balfour v Balfour

Answer 23

Rebuttable presumption that there’s no intention to create legal relations in social/domestic agreements

No agreement as couple weren’t separated at the time

Question 24

Mountford v Scott

Answer 24

Consideration means party will not be able to revoke offer before acceptance

£1 consideration

Question 25

Freeman v Lockyer

Answer 25

Apparent authority Someone acted as managing director of the firm and employed without authority

Question 26

Pao on v Yiu Long

Answer 26

Exceptions to past consideration - Must be done at promisor’s request - Parties expect remuneration - Would be legally binding if first promised

Question 27

Routledge v Grant

Answer 27

An offer can be revoked anytime before acceptance

Question 28

Pinnel’s Case

Answer 28

Payment on due date of a lesser sum is not good consideration

Question 29

Foakes v Beer

Answer 29

Followed pinnel’s case No consideration was given and so promise to take no further action was not legally binding

Question 30

High trees

Answer 30

Promissory estoppel Agreement for reduction of the rent only remained operative as long as the conditions continued to exist

Question 31

Stilk v Myrick

Answer 31

Performance of an existing duty is not consideration 2 sailors jumped ship

Question 32

Hamer v Sidway

Answer 32

Consideration must be sufficient Refraining from doing things you’re legally able to do is consideration for promise to pay

Question 33

White v Bluett

Answer 33

Consideration must be sufficient To stop moaning is not consideration

Question 34

Brogden v Met Railway

Answer 34

Acceptance by conduct

Question 35

Holwell Securities v Hughes

Answer 35

Postal rule can be excluded by the offeror, either expressly or impliedly “Notice in writing”

Question 36

Re Selectmove

Answer 36

Silence is only accepted when the offeree imposes it upon himself

Question 37

Barry v Davies

Answer 37

Auction is “without reserve” so the auctioneer is bound to sell to the highest bidder

Question 38

The Brimnes

Answer 38

Notice will be effective on receipt where it’s reasonable to expect a person to be available to read it

Question 39

Blackpool & Fylde Aero Club v Blackpool Borough Council

Answer 39

Tenders are when business outsource functions

Question 40

Dickinson v Dodds

Answer 40

Communication of revocation doesn’t have to be by or with authority of offeror, but must be reliable

Question 41

Fisher v Bell

Answer 41

Invitation to treat Display of knife was invitation to treat

Question 42

Boots

Answer 42

Invitation to treat

Question 43

Spencer v Harding

Answer 43

Request for information

Question 44

Carlill v Carbolic

Answer 44

Unilateral contract

Question 45

Smith v Hughes

Answer 45

Intention to create a binding contract Objective approach, so look at what is said from point of view of reasonable person

Question 46

D & C Builders v Rees

Answer 46

Condition for promissory estoppel Must be inequitable for promisor to go back on promise Exception to practical benefit consideration, if made under economic duress

Question 47

Sale of Goods Act 1979, S.57

Answer 47

A sale by auction is complete on the fall of the gavel