Agreement and Intention Flashcards
What are the three elements of a contract?
- Agreement
- Intention to create legal relations
- Consideration
What case states an offer should be objective?
Smith v Hughes
What case states that in commercial agreements there is a presumption that there was intention to create legal relations?
Edwards v Skyways
What case states that the presumption of intent to create legal relations in commercial agreements is rebuttable, if there is specific wording to that effect?
Rose and Frank v Crompton
What case states that in non-commercial/family agreements there is a presumption that there was no intention to create legal relations?
Balfour v Balfour
What case states that the presumption of no intent to create legal relations in non-commercial/family agreements is rebuttable?
Merritt v Merritt
What case is the authority that there must be certainty in offer and acceptance for a court to uphold the contract?
Scammell v Ouston
What case is an example of vague terms causing a contract to be void?
Hillas v Arcos; “timber of fair specification”
What is the definition of offer according to Treitel?
an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed
Which case confirms Treitel’s definition of offer?
Allied Marine Transport
What is an invitation to treat?
made without intention to be bound by specific terms
What case defines self-service display in a shop as an invitation to treat?
Pharmaceutical Society of GB v Boots Cash Chemists
What case defines goods on display as an invitation to treat?
Fisher v Bell
What case defines tenders as an invitation to treat?
Spencer v Harding
What case states that a unilateral contract will contain an offer not an invitation to treat?
Havela Investments
What case defines advertisements as invitations to treat?
Partridge v Crittenden
What case states that an advertisement offering a reward is not an invitation to treat?
Williams v Carwardine
What case is an example of an advertisement as an unilateral contract, where acceptance need not be communicated?
Carlill v Carbolic Smoke Ball Co
What is the definition of acceptance?
an unconditional expression of assent to the terms of an offer.
What case states that acceptance should be communicated by the offeree?
Entores v Miles Far East
What case states that acceptance may be communicated by an authorised agent?
Powell v Lee
What case states that silence cannot constitute acceptance?
Felthous v Bindley
What case states that silence may be taken as acceptance if there is no reason for the offeree to bind themselves?
Re Selectmove
What case establishes an counter offer as an implied rejection due to newly entered provision?
Hyde v Wrench
What case states that questions about an offer are not deemed as rejection and may be acceptance if it falls within the definition?
Stevenson Jacques and Co. v McLean
What case states the general rule that the last shot in the battle of the forms wins?
Brogden v Metropolitan Railway
What case is an example of an exchange of incompatible terms - not a true battle of forms?
Butler Machine Tool v Ex-Cell-O; Court found D’s acceptance amounted to a counter offer that was accepted by the C, therefore the D’s terms prevailed.
What case established the postal rule?
Adams v Lindsell
What is the postal rule?
A letter of acceptance will become binding when posted if:
a) it was reasonable to use post as a method of communication
b) it was properly posted; and
c) the offeror did no exclude the postal rule impliedly/expressly
What case authorised an offeror’s right to exclude the postal rule?
Holwell v Hughes; D set specific terms for communication
What case set precedent that if postal rule satisfied the letter need not actually arrive for acceptance to be valid?
Household Fire Insurance v Grant
What case states that postal acceptance is only valid at the time of posting if it is reasonable for the offeror to expect an acceptance by post?
Henthorn v Fraser
What case states that an offer can be revoked at any time even if the offeror has agreed to leave it open?
Routledge v Grant
What case states that the offeror cannot revoke the offer if the offeree has give consideration for the offeror keeping the offer open?
Mountford v Scott
What case states that revocation is not possible in a unilateral contract once the act of acceptance has begun?
Errington v Errington and Woods
What case states that revocation must be communicated by offeror
Byrne v Van Tienhoven
What case states that revocation may be communicated by reliable third party?
Dickinson v Dodds
What case states that revocation is effective when it could be reasonably thought to have been received, rather than when it was?
The Brimnes; a telex containing revocation was received but not read, court found revocation to be valid at time of receipt.
What US case states that if an offer was made to the public at large, revocation can be made through the same channel as the offer, provided it as the same prominence?
Shuey v US
When will an offer lapse?
if there is an express condition or after a reasonable time period, what is reasonable depends on the facts.
