AGREEMENT Flashcards
learn facts and cases
Gibson V Manchester City Council 1978
the meaning of agreement:
C. house under cons government house purchase system, change to Labour and only binding to contractual obligations… broke off.
deciding if you have an agreement…
- an offer is established? (offer: com that is a deal complete and final set of terms)
- an acceptance is needed? (all other party needs to do: accept)
HL HELD
No offer in this case was reached, only ‘prepared to sell’.
Gibson is a definitive authority that a contract is an offer matched by acceptance.
Denning on Gibson
Denning in CA held that you can discern a contract on conduct.
Diplock in HL held that party can back out BEFORE contract either parties can back out, AFTER, only if other party allows.
Carlil V Carbolic Smoke Ball
advert: ball curing influenza, Carlil bought and got flu. AD said reward of £100 would be given if continued to get the flu.
BUT Carlil won: UNILATERAL CONTRACT
inconvienced self, not doing usual, BUT doing something on RELIANCE of that promise.
Ref. to Pattridge V Crtitteden.
Walford V Miles
contract between two companies of a business takeover for 2 million.
A ‘comfort letter’ was enclosed, of which the claimants tried to uphold as binding.
Con was binded but when one party tried to move out of the D withdrew from con and decided to go w a third party, of which was against the terms wihin the ‘comfort letter’
Bilateral contract
exchange of goods: TWO PROMISES.
Unilateral contract
is a promise in return for an ACT.
e.g. Carlil
TO HAVE A BINDING CONTRACT IN ENGLISH LAW…
- Agreement (A & O)
- Intention: to create a legally binding relay.
- consideration: means something must be given/done in return of the promise.
occasionally… contracts must be in writing.
when is a contract concluded?
when acceptance occurs.
Invitations to treat
where you say you will do soemthing, which is designed to elict an offer… which you can accept/decline.
Sales of Goods Act 1979 S57 (2)
‘a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner & until the announcement is made, any bidder may retract the bid’.
auction w no reserve price
Warlow V Harrison:
concept of a collateral offer
ancillary offer giving rise to a second contract that can yield a remedy where the main contract fails.
collateral: DEBATABLE to what extent collateral reflect the genuine intention of the parties or constitute artificial devices serving the courts view that a remedy should be available.
collateral contract
unilateral: if you do X, ill do Y,
e.g. X= highest bid and Y = sell the goods.
holding auctioneer liable to what he said and rightful expectations of the bidder are NOT denied.
Fisher V Bell
flick knife display. came to sell the knives byt legal offence NOT committed as they were not offered: ITT
taking the product to the till is the offer which the worker can accept/decline.
Pharmaceutical society of GB V Boots Cash Chemists
if you buy a ‘drugs’ you must be under supervision of a pharmacist … where is the contract concluded?
but goods on show is ITT
customer bringing to till: offer
pharmacist can thus accept/decline.
Partridge V Critteden
wild live birds, bramblefinches, offered in npaper
NO criminal offence committed: ITT
Grainger & Sons V Gough 1896
- not unlimited supply (could put availability clause)
- how could rank contracts? not have to accept all offers.
sell to longstanding bus. partner w/out incurring liability.
Grainger & Sons V Gough 1896
CATALOGUE
- not unlimited supply (could put availability clause)
- how could rank contracts? not have to accept all offers.
sell to longstanding bus. partner w/out incurring liability.
Chwee Kin Keeong V Digiland Mall Pte Ltd
depends on the facts it it is an offer or ITT.
Harris V Nickerson
auction in AD for furniture, C wants to buy, goes.
BUT furniture never put up for sale.
Courts HELD: chance for loss is SO speculative that it is beyond recognition of the law.
Lefkowitz V Great Minneapolic Surplus Stores 1957
coats in store, worth £100. first come, get coats for £1.
OFFER: no further neogiations stated in AD.
(Man refused coat as it was for ‘ladies’)
tenders
many contracts dervive from tenders
invitation to tender: like ITT
collateral: ‘if you submit the winning bid, i’ll award you w/the contract’
Blackkpool & Fyde Aero Club V Blackpool BC
LA invited locals to operate pleasure flights.
council under no obligation to accept any tender.
Once T had submitted in time, BUT not sent by the instructed way. MEANING concession given to another bidder.
ANY legal obligation to bidders who submitted tenders?
YES : contract to assess ALL tenders… ‘promise to consider.
Harvela Investments V Royal Trust Company of Canada.
shares in company between 3 men. one leaves, selling his share
FIXED BIDDING SALE: only one bid, thus MAX one
one entered a referential bid, +adding 100,000 to whatever the highest bid was.
Not allowed in this instance,
need a special kind of set up for it to be allowed.
certainty and completeness
contracts have to be certain and complete for the courts.
contracts cannot have vague language / material holes.
TENSIONS: court want to support parties intentions BUT cannot manufacture a con. w/the O.G. fault
