5. The Law of Contract Flashcards
What are the 4 elements required to form a contract?
- Agreement
- Consideration
- Intention to be legally binding
- Legal capacity
What is a gratuitous promise and how is it executed?
Where only one party offers consideration, executed by a deed
What are the 2 elements necessary for an agreement?
Offer and acceptance
An offer must be… but may be…
Must be certain and not vague, but may be conditional or time limited
What are the 6 ways in which an offer can be terminated?
- Rejection
- Conditional acceptance
- Lapse of time
- Death of offeror or offeree
- Failure to comply with terms
- Counter offer
When is revocation effective?
If it is communcated by offeror or reliable third party before acceptance
What are the most common examples of invitation to treat?
Goods on supermarket shelves and adverts on TV/newspapers
What are the 3 rules for valid acceptance of an offer?
- Made by authorised person only
- Made before revocation or expiration
- Must be communicated by positive words or actions (e.g. by conduct (consuming a meal) but not inferred by silence)
What is the postal rule?
Contracts are deemed accepted from the moment of posting by the offeree
When is acceptance deemed to be from when communicated by instantaneous methods?
When the acceptance is received
In what type of contract is communication of acceptance waved?
Unilateral contracts
What are the 3 types of consideration, and are they valid?
- Present, executed (valid)
- Future, executory (valid)
- Past (not valid)
Where might there be an implied promise to pay?
A hairdressers, taxi or restaurant
What must consideration be in order to be valid?
Sufficient (has some, but not necessarily fair, value), but not adequate
Is performance of existing contractual obligations sufficient consideration?
No
What is the rule in Pinnel’s case?
Part payment of a debt is insufficient consideration and the creditor will always be able to sue for the balance outstanding