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Contract Law > 1-4 Cases > Flashcards

1-4 Cases Flashcards

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1
Q

Lampleigh v Brathwait

A

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

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2
Q

Roscorla v Thomas

A

Past consideration is not sufficient consideration

Horse free from vice

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3
Q

Entores v Miles Far East

A

ACCEPTANCE must be communicated to the offeror

contract was made when company received acceptance by telex

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4
Q

Chappell v Nestle

A

Consideration need not be adequate

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5
Q

Ward v Byham

A

When an existing duty is exceeded

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

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6
Q

Errington v Errington and Woods

A

Revocation of a unilateral contract

Son and daughter in law making mortgage payments

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7
Q

Scotson v Pegg

A

Exception of performance of an existing duty

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

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8
Q

Williams v Roffey Bros

A

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

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9
Q

Byrne + Co v Van Tienhoven

A

REVOCATION must be communicated

Withdrawal of offer was taken effect when received

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10
Q

Felthouse v Bindley

A

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

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11
Q

Dunlop v Selfridge

A

Privity of contract

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

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12
Q

Adams v Lindsell

A

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

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13
Q

Edwards v Skyways

A

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

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14
Q

Merritt v Merritt

A

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

Rebutted as not living together amicably

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15
Q

Ramsgate v Montefoire

A

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

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16
Q

Harvey v Facey

A

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

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17
Q

Hyde v Wrench

A

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

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18
Q

Currie v Misa

A

Definition of consideration

Some detriment to the promisor or some benefit to the promisee

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19
Q

Tweedle v Atkinson

A

Consideration must move from the promisee

20
Q

Glasbrook v Glamorgan

A

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

Minors asked police for extra protection

21
Q

Hartley v Ponsonby

A

Upward variation

Held more to do more than their existing contractual duty

17 crew jumped ship

22
Q

Combe v Combe

A

Condition for promissory estoppel

Must be used as a shield and not a sword

23
Q

Balfour v Balfour

A

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

24
Q

Mountford v Scott

A

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

£1 consideration

25
Q

Freeman v Lockyer

A

Apparent authority

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

26
Q

Pao on v Yiu Long

A

Exceptions to past consideration

  • Must be done at promisor’s request
  • Parties expect remuneration
  • Would be legally binding if first promised
27
Q

Routledge v Grant

A

An offer can be revoked anytime before acceptance

28
Q

Pinnel’s Case

A

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

29
Q

Foakes v Beer

A

Followed pinnel’s case

No consideration was given and so promise to take no further action was not legally binding

30
Q

High trees

A

Promissory estoppel

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

31
Q

Stilk v Myrick

A

Performance of an existing duty is not consideration

2 sailors jumped ship

32
Q

Hamer v Sidway

A

Consideration must be sufficient

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

33
Q

White v Bluett

A

Consideration must be sufficient

To stop moaning is not consideration

34
Q

Brogden v Met Railway

A

Acceptance by conduct

35
Q

Holwell Securities v Hughes

A

Postal rule can be excluded by the offeror, either expressly or impliedly

“Notice in writing”

36
Q

Re Selectmove

A

Silence is only accepted when the offeree imposes it upon himself

37
Q

Barry v Davies

A

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

38
Q

The Brimnes

A

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

39
Q

Blackpool & Fylde Aero Club v Blackpool Borough Council

A

Tenders are when business outsource functions

40
Q

Dickinson v Dodds

A

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

41
Q

Fisher v Bell

A

Invitation to treat

Display of knife was invitation to treat

42
Q

Boots

A

Invitation to treat

43
Q

Spencer v Harding

A

Request for information

44
Q

Carlill v Carbolic

A

Unilateral contract

45
Q

Smith v Hughes

A

Intention to create a binding contract

Objective approach, so look at what is said from point of view of reasonable person

46
Q

D & C Builders v Rees

A

Condition for promissory estoppel

Must be inequitable for promisor to go back on promise

Exception to practical benefit consideration, if made under economic duress

47
Q

Sale of Goods Act 1979, S.57

A

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

Contract Law (12 decks)

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