Case Law Of Contract Law

Question 1

What case links to an offer

Answer 1

Payne v cave 1789

Question 2

Facts of Payne v cave 1789

Answer 2

D made the highest bid for the plaintiff’s goods at an auction sale, but we withdrew his bid before the fail of plaintiff’s hammer

Question 3

legal principle/ held of Payne v cave

Answer 3

D was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance.

Question 4

What case links invitation to treat?

Answer 4

Fisher v bell 1961

Question 5

Facts of fisher v bell 1961

Answer 5

A shopkeeper was prosecuted bc he has a flick knife in his shop window. Offence was under the restriction of offensive weapons act 1959- to offer for sale

Question 6

Legal principle/ held of fisher v bell 1961

Answer 6

Shop keeper not guilty as the court found he was offering the knife for sale… it was merely an invitation to treat. Shopkeeper may have decide not to sell the knife to the person wanting to buy it. Person wanting to buy the knife is actually the one making the offer

Question 7

What case link to invitation to teat at self service shops

Answer 7

Pharmaceutical society of GB v boots cash chemists Ltd 1952

Question 8

Facts of pharmaceutical society of GB v boots cash chemists Ltd 1952

Answer 8

Boots was processed for offering medicines for sale when a pharmacist was not present (pharmacy and poisons act 1933)

Question 9

Legal principle/ held of pharmaceutical society of GB v boots cash chemists Ltd 1952

Answer 9

Held bc it was the customer that makes the offer to buy at the point if sale

Question 10

What case links to advertisement

Answer 10

Partridge v Crittenden 1968

Question 11

Facts of partridge v crittenden 1968

Answer 11

‘Bramble finch cocks and hens 25. An offence to offer wild birds for sale links to protection of birds act 1954

Question 12

Legal principle/held of partridge v crittenden 1968

Answer 12

Meaning it is not an offer to sell so merely an invitation to treat

Question 13

Facts Thornton v shoe lane parking 1971

Answer 13

A contract is made when a customer enters a car park via an automated barrier.

Question 14

Legal principle/ held in Thornton v shoe lane parking 1971

Answer 14

Held out by the progenitor to be ready to accept money, amounts to the offer

Question 15

What is the legal principle of Harvey v facet 1893

Answer 15

Providing info does not amount to an offer

Question 16

Facts of Harvey v facey 1893

Answer 16

‘Will you sell us bumper hall pen?’ “Lowest cash price for bumper hall pen £900” “we agree to buy bumper hall pen for £900”

Question 17

Facts of Gibson v Manchester City council 1979

Answer 17

Mr Gibson wanted to buy his council house, when asked the corporation said: “the corporation may be prepared to sell the house to you at the purchase price of £2725 less 20%”

Question 18

Legal principle/held of Gibson v Manchester City council 1979

Answer 18

Court said this reply was an invitation to treat and not an offer bc of the may ‘word’- statement is not offer if it is not definite in the terms it uses

Question 19

Facts of Carlill v Carbolic smoke ball co 1892

Answer 19

Newspaper advert place by the D stated ‘£100 reward will be paid by the carbolic smoke ball company to any person whom contracts the influenza after using it three times daily for 2 weeks. Mrs C followed instructions and caught flu, she claimed she should claim the £100.D claimed the advent was sales puff and lacked intent to be offer(impossible to offer to the world)

Question 20

Legal principle/ held of Carlill v Carbolic smoke ball co 1892

Answer 20

Statement referred to the despots of £1,000 demonstrated intent and therefore it was not a mere sales puff. It is quite possible to make an offer to world. Offer was made to anyone and everyone - offer needs to be communicated

Question 21

what case links to revocation- occur during any period wen the offer is said to open

Answer 21

Routledge v Grant 1828

Question 22

Facts of Routledge v Grant 1828

Answer 22

Grant offered to buy R’s house within 6 weeks. 3 weeks later G told R was withdrawing his offer. 2 weeks later R tried to accept the offer.

Question 23

Legal principle/ held of Routledge v Grant 1828

Answer 23

Offer withdrawn and could not be accepted

Question 24

What case links to revocation but implied by action

Answer 24

Dickinson V Dodds 1876

Question 25

facts of Dickinson v Dodd’s 1876

Answer 25

Do offered to sell his house to DICK offer was open until Friday. thurs afternoon, dick heard from a reliable source that the house has been sold to someone else. fri morning dick accepts do’s offer of sale there was no longer an offer in existence to accept

Question 26

legal principle/ held of Dickinson v Dodd’s 1876

Answer 26

hearing about the sale from a reliable source us the implied revocation of the offer

Question 27

what case link to rejection

Answer 27

Stevenson v Mclean 1880

Question 28

facts of Stevenson v Mclean 1880

Answer 28

sat, D offered to sell iron to the plaintiff at 40 shillings a ton, open until mon. mon 10am, the plaintiff sent a telegram, asking if he could have credit term. no reply. at 1.34pm the plaintiff sent a telegram accepting the D’s offer, but 1.25pm D has sent a telegram: ‘sold iron to third party’ arriving at 1.46p,/

Question 29

held/legal principle of Stevenson v Mclean 1880

Answer 29

the inquiry about credit had not ben a rejection to a counter offer, the contract remained open and had been accepted

Question 30

case that links to a counter offer

Answer 30

Hyde v wrench 1840

Question 31

facts of Hyde v wrench 1840

Answer 31

6 jun, W offered to sell his estate to H for £1000. H offered £950 as a counter offer. 27 June W rejected H’s offer, 29 June H offered £1000. W refused to sell and H sued for breach of contract

Question 32

held/ legal principle of Hyde v wrench 1840

Answer 32

lord langdale: MR held that of the D’s offer to sell for £1000 had been unconditionally accepted, there would have been binding contract; instead the plaintiff made an offer of his own of £950, and thereby rejected the offer previously made by D

Question 33

Facts of felthouse V bindley 1862

Answer 33

Nephew discussed a horse from his uncle. He offered to purchase the horse and said if l don’t hear from you by the weekend. Horse was sold by mistake at auction. Auctioneer had been asked not to sell but forgot. U commenced proceedings against auctioneer for conversion

Question 34

Held/ legal principle of felthouse v bindley 1862

Answer 34

Action depended upon whether a valid contract existed between the nephew and the uncle. Held that there was not contract. Requires positive conduct

Question 35

Facts of reveille v Anotech 2016

Answer 35

Dispute concerned whether a binding agreement contract came into existence between the parties in 2011 by which C agreed to integrate and promote the D’s products in three episodes of master chef US, as well as license to the D the right use the master chef brand on its products for sale in the US and Canada.

Question 36

Held/ legal principle of reveille v Anotech 2016

Answer 36

COA has upheld a decision of te commercial court which found that a party had accepted the term of an agreement by its conduct, even though it had not signed the agreement and the agreement purported to require the signatures of both parties to take effect

Question 37

Facts of brogden v metropolitan railway 1877

Answer 37

Cs were suppliers of coal to the D railway compan. They had been dealing for some yeas on an informal basis with no written contract. The parties agreed that it would be wise to have a formal contract written. D drew up a draft contract and sent it to the C. C made some D. D then simply filed the document and throughout this period the Cs continued o supply the coal. Subsequently a dispute arose and it was questioned whether in fact the written agreement was valid.