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Exam cards - Contract > Agreement > Flashcards

Agreement Flashcards

1
Q

Trietel’s definition of an offer

A

An expression of willingness to contract on specified terms made with the intention that it is to be come legally binding as soon as it is accepted by the person to whom it is addressed

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2
Q

Gibson v MCC

A

Not sufficiently CPU to be offer

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3
Q

Storer v MCC

A

Sufficiently CPU to be offer

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4
Q

ITT

A

‘Uncertain first steps in neogitaion’

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5
Q

Fisher v Bell

A

Display of goods is ITT

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6
Q

Partridge v Crittenden

A

Adverts are ITT if not sufficiently certain

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7
Q

Grainger v Gough

A

Exception where advert is an offer if the advertiser has unlimited access to the offer product

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8
Q

Carlill v Carbolic Smokeball

A

Unilateral offer as advert was certain and evidenced intention by putting money in bank account

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9
Q

Spencer v Harding

A

ITTender are not offers

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10
Q

Blackpool Aero Club v Blackpool Council

A

Invitation to tender contained a condition to consider the offer. Not considered so breach of contract

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11
Q

Payne v Cave (Auctions)

A

Auctioneers request for bids is an ITTender

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12
Q

Warlow v Harrison

A

Obligation to accept the highest bid in an auction

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13
Q

Taylor v Laird

A

Offer must be communicated

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14
Q

3 methods of termination of offer

A

Rejection, revocation, lapse

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15
Q

Hyde v Wrench

A
  • Must be mirror image acceptance

- Counter offer kills an offer

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16
Q

Stevenson, Jacques + CO v McLean

A

Request for information is not a counter offer and does not kill the offer

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17
Q

Payne v Cave (withdrawal)

A

If offer withdrawn before acceptance then the offer is no longer open

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18
Q

Routledge v Grant

A

If time limit set offeror free to revoke any time before acceptance

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19
Q

Dickinson v Dodds

A
  • 3rd party revocation
  • Where consideration is made to keep offer open this is an option contract
  • Parties can set deadline for end of offer being open
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20
Q

Trietel’s criticism of the rule in Dickinson v Dodds

A

3rd party revocation places offerree in a difficult position as the offerree does not know whether the 3rd party is a valid party to revoke the offer

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21
Q

Byrne v Van Tienhoven

A
  • Revocation must be communicated

- Revocation only valid upon receipt, postal rule does not apply

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22
Q

Great Northen Rail

A

General rule; Unilateral offer can be revoked anytime before complete performance
Exception; Where the party is able and willing to complete performance then the revocation is not valid

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23
Q

Errington v Errington + Woods

A

Where party capable and willing to complete performance unilateral offer cannot be revoked

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24
Q

Ball

A

If unilateral offer made to whole world must be revoked to whole world

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25
Q

Ramsgate Hotel v Montefiore

A

An offer will laps if not accepted in a reasonable time - 6+ months

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26
Q

Bradbury v Morgan

A

Death causes an offer to lapse

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27
Q

Financings v Stimson

A

Offer lapsed as car no longer in condition it was offered in

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28
Q

Smith v Hughes

A

Would the reasonable man judge he was assenting to the terms of the contract

29
Q

Hartogg v Colin Shields

A

Cannot snatch at a bargain

30
Q

Hyde v Wrench

A

Acceptance must be a mirror image of offer

31
Q

Boulton v Jones

A

Acceptance must be made in response to the offer

32
Q

R v Clarke c/f Williams v Carwadine

A

Acceptance must be made in knowledge of offer.

33
Q

Felthouse v Bindely

A

Silence does not constitute acceptance

34
Q

Taylor v Allen

A

Conduct can amount to acceptance

35
Q

Brogden v Metropolitan Railway

A

Conduct rarely amounts to acceptance. Acceptance through conduct only possible where goods are delivered

36
Q

Powell v Lee

A

Acceptance through a 3rd party is valid (though could apply Treitel’s criticism here as well)

37
Q

Entores v Miles

A
  • Instantaneous communication acceptance is valid upon receipt.
  • Acceptance is not valid if the offerree is at fault and not appropriately communicated
  • Acceptance is valid where offerree correctly communicates acceptance but not recieved due to fault of offeror
38
Q

Brimnes

A

Where acceptance received by machine it is valid when received if received in office hours

39
Q

Thomas v BPE

A

No set measure of office hours. Judged on a case by case basis.

40
Q

Adams v Linsell

A

Postal rule - Acceptance valid upon proper postage

41
Q

Re London + Northern Bank ex p Jones

A

Letter must be properly posted. Handed to postman who was not authorised to accept post, so not properly posted

42
Q

Household Fire v Grant

A

If letter destroyed then does not affect the postal rule

43
Q

Henthorn v Fraser

A

Postal rule must be in reasonable contemplation of both parties

44
Q

Getreide-import v Contimer

A

Misadressing letter has effect of only making the letter valid upon arrival

45
Q

Ousting of postal rule

A

Household Fire v Grant establishes ousting of postal rule. Holwell Securities v Hughes - Postal rule ousted by express wording ‘by notice to’

46
Q

Can a postal acceptance be accepted?

A

Dunmore v Alexander - Yes
Thomson v James - No
Wenkheim v Ardnt - Generally accepted cannot be revoked
Smith & Hogan/Hudson - Issue of detriment to offeror

47
Q

Manchester Diocesan

A

If a prescribed mode of acceptance is stated it is only exclusive if very expressly stated. Words such as must are NOT sufficient. Needs to be something like ‘acceptance by carrier pigeon only’

48
Q

Tinn v Hoffman

A

If prescribed mode of acceptance not exclusive then equally expeditious modes of communication will suffice

49
Q

Yates v Pulleyn

A

Where a prescribed mode of acceptance is stated for the benefit of the offerree it can be ignored

50
Q

ICLR

A

A combination of express wording and circumstance

51
Q

Well Barn v Backhouse

A

ICLRv presumed in a commercial situation

52
Q

Bunn & Bunn v Rees & Parker

A

ICLR must be expressly and carefully opted out of in a commercial situation

53
Q

Textile v M&S

A

Objective assessment of circumstances can mean ICLR is rebutted or vice versa

54
Q

Licences v Lawson

A

Statement made in jest will not create ICLR

55
Q

Balfour v Balfour

A

Presumption that no ICLR in a domestic situation

56
Q

Merit v Merit

A

ICLR allowed in separated couple

57
Q

Peck v Lateau

A

ICLR can be implied from previous dealings

58
Q

Ecles v Byrand and Pollock

A

Pre contractual negotiations are not subject to ICLR

59
Q

Watford AFC v Aylesbury

A

Minor only bound by contract if it is for their benefit. Judged not to have capacity to contract otherwise

60
Q

Dunlop v Selfridge as per Pollok

A

Future consideration is good consideration

61
Q

Eastwood v Kenyon

A

General rule; past consideration is bad consideration

62
Q

Pao on v Lau Yiu Long

A

Past consideration is bad consideration unless;

  • At promisors request
  • Act performed at expectation of reward
63
Q

Chapel v Nestle

A

Consideration need not be adequate

64
Q

White v Bluett

A

Consideration must be sufficient

65
Q

Stilk v Myrick

A

Consideration for a previous obligation is not good consideration

66
Q

Hartley v Ponsonby

A

Where condieration is made for a changed obligation this is good consideration

67
Q

Williams v Roffey

A

Where contract confers collateral benefit it is good consideration

68
Q

Scotson v Pegg

A

Pre-existing obligation to 3rd party is good consideration as it gives double liability

Exam cards - Contract (3 decks)

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