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contract > 1. Agreement > Flashcards

1. Agreement Flashcards

0
Q

Storer v Manchester City Council

A

MCC’s letter enclosing an agreement for sale in stating that it ‘will’ sign the document is sufficiently clear and certain to constitute an offer

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1
Q

Gibson v Manchester City Council

A

MCC’s letter stating that it ‘may be prepared to sell’ lacks clarity and certainty to constitute offer

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2
Q

Fisher v Bell

A

Display a flick knife in shop window was an invitation to treat, not an offer for sale

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3
Q

Pharmaceutical Society of GB v Boots Cash Chemists

A

Display of goods on shelves was an invitation to treat

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4
Q

Partridge v Crittenden

A

Ad is invitation to treat

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5
Q

Grainger & Son v Gough

A

Wine list circulated by merchant is invitation to treat

Obiter: if supplier is also manufacturer, there may be an inference that there is an offer for sale on the basis that the manufacturer could in theory have unlimited supplies

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6
Q

Carlill v Carbolic Smoke Ball Co

A

Ad may be a unilateral offer

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7
Q

Harvela Investments v Royal Trust Co of Canada

A

Invitation to tender that states commitment to accept highest bid amounts to valid offer

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8
Q

Blackpool Aero Club v Blackpool BC

A

Invitation to tender may amount to offer to consider (rather than accept) a bid fulfilling certain stipulations

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9
Q

Payne v Cave

A

Auctioneer’s request for bids is invitation to treat

Revocation possible at any time before acceptance

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10
Q

Taylor v Laird

A

Offer has no validity unless communicated to offeree

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11
Q

Hyde v Wrench

A

Counter-offer constitutes rejection - therefore not possible to accept original offer after making counter-offer

Acceptance must be unqualified and must correspond exactly with terms of offer

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12
Q

Stevenson, Jacques v McLean

A

Inquiry as to whether different payment terms would be possible is a rfi, not counter-offer

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13
Q

Byrne v Van Tienhoven

A

Postal rule doesn’t apply to revocation

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14
Q

Dickenson v Dodds

A

Revocation by 3rd party may be valid

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15
Q

Great Northern Railway Co v Witham

A

For unilateral contracts, revocation is possible any time prior to performance of required act

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16
Q

Errington v Errington and Woods

A

Revocation not possible where offeree has partly performed obligation, and is willing and able to complete

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17
Q

Ramsgate Victoria Hotel v Montefiore

A

Offer may lapse through passage of time

18
Q

Financings Ltd v Stimson

A

Non-fulfilment of condition in offer may cause offer to lapse

19
Q

Boulton v Jones

A

Offer can only be accepted by person to whom it is addressed

20
Q

R v Clarke

A

Offer is not accepted by doing required act in ignorance of offer

21
Q

Williams v Cowardine

A

Performance of required act is valid acceptance of unilateral offer, provided there is knowledge of the offer, even if act is performed for different motive

22
Q

Felthouse v Bindley

A

Offeror may not stipulate that he will take silence to be acceptance

23
Q

Taylor v Allon

A

Offeree’s conduct may amount to acceptance

24
Q

Powell v Lee

A

Acceptance communicated by third party without authority is not valid

25
Q

Daulia v Four Milbank Nominees

A

Acceptance of unilateral offer requires complete performance

Offeror may revoke at any time up to point that act has been fully performed, subject to qualification that, one performance has commenced, offeror is under implied obligation not to prevent thatvperformance

26
Q

Adams v Lindsell

A

The postal rule

27
Q

Howell Securities v Hughes

A

Postal rule may be ousted

28
Q

Re London and Northern Bank, ex parte Jones

A

Acceptance is not properly posted by putting it into the hands of a postman who is only authorised to deliver letters

29
Q

Henthorn v Fraser

A

Letter accepting an offer which is posted before the revocation is received (but after it is sent) is valid

30
Q

Household Fire Insurance v Grant

A

Postal rule applies even where acceptance is delayed or lost in the post

31
Q

Quenerduaine v Cole

A

Postal rule doesn’t apply where it is unreasonable to use post

32
Q

Getreide v Contimar

A

Postal rule displaced where acceptance incorrectly addressed

33
Q

Entores v Miles

A

For instantaneous communication, actual communication is required and the postal rule doesn’t apply

34
Q

The Brimnes

A

Telex sent during ordinary office hours but not seen by office staff until the following Monday held to be effective when received (rather than when read)

35
Q

Mondial Shipping v Astarte Shipping

A

Telex sent outside office hours held to be effective as of the start business on the next working day

36
Q

Thomas v BPE Solicitors

A

Meaning of office hours is dependent on context

37
Q

Manchester Diocesan Council for Education v Commercial and General Investments

A

Where offeror prescribes made of acceptance but does not stipulate that only that mode shall be binding, any other mode which is no less advantageous to him will suffice

38
Q

Tinn v Hoffman

A

Where other modes not expressly excluded, any mode equally advantageous to offeror will be sufficient - key issue usually speed

39
Q

Yates v Pulleyn

A

Stipulation that acceptance be by recorded delivery could be waived, since this was for the benefit of the offeree

40
Q

Well Barn Farming v Backhouse

A

Presumption to create legal relations in commercial contracts

41
Q

Rose and Frank v Crompton Bros

A

Presumption of intention to create legal relations in commercial context may be rebutted

42
Q

Balfour v Balfour

A

Presumption is no intention to create legalrelations in domestic/social contexts

43
Q

Peck v Lateau

A

Presumption of non-intention to create legal relations may be rebutted in domestic/social context

contract (5 decks)

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