Cases Flashcards
Centrovincial estates v merchant investors assurance company 1983
The plaintiffs accidentally offered rent of £65,000 instead of £126,000. It was held that there was a binding contract for 65 as the defendant did not reasonably know of the mistake (despite clause of no decrease rent previously £68,320)
What happened in Oscar Chess v Williams 1957?
The defendant sold his Morris car to the plaintiff. The manufacture date was incorrect, the defendant did not know. Not guilty if misrepresentation. No fraudulent representation
Storer v Manchester City counsel
It was held the council intended to be contractually bound when the plaintiff signed and returned the agreement
Gibson v Manchester City counsel
Held that there was no binding contract as no offer capable of acceptable had been made by the council
Harris v Nickerson
Items advertised for sale in an auction lot were withdrawn before the auction. Plaintiff had no right to seek loss of time and expenses as the advertisement was only and invitation to treat
Fisher v bell
A shopkeeper displayed a flick knife for sale. Held a display of goods in a shop window is merely an invitation to treat not an offer of sale. No offence had been committed contrary to s.1(1) Restriction of Offensive Weapons Act 1959
Thornton v shoe lane parking
It was held that the ticket came too late as the contract was concluded when the motorist drive up to the machine. The ticket was merely a receipt of the money paid when the contract took place. No words on the tickets counted
Partridge v Crittenden
The plaintiff placed an advertisement selling bramblefinch hens for 25s. The advert was an invitation to treat not an offering for sale of a wild live bird contrary to s.6(1) of the protection if birds act 1954
Carlill v Carbolic Smoke Ball Company
Z
Harvela investments ltd v Royal Trust Co of Canada ltd
Two rival parties submitted confidential amounts in an invitation to tender. This was seen as an offer to accept the highest bid. Referential bids were invalid therefore the plaintiffs bid had to be accepted.
Warlow v Harrison
An auctioneer advertised a sale without reserve on a horse. Plaintiff bid 60 guineas, horse owner bid 61. Held that the plaintiff was the only bonafide bidder.
Brogden v metropolitan railway company
Arbitrators name was added to a contract. The contract was never returned, however business commenced. Contract for coal. It was held the conduct had expressed willingness to be bound by it
Day Morris Associates v Voyce
Z
Hyde v Wrench
The defendant was selling his farm for £1000 the plaintiff offered £950, it was refused. The plaintiff then accepted the amount of £1000. No binding contract due to counter offer
Stevenson, Jacques & Co v McLean
Defendant wrote to the plaintiff offering to sell iron and stating his lowest price was 40s. The plaintiff enquiries whether he could deliver over 2 months. The response held as enquiry not counter offer
Butler Machine Tool v Ex-Cell-o
A machine was sold. The sellers terms and buyers terms were different. The sellers expected a price variation to be honoured. Held the purchase was on the buyers terms. Counter offer. No valid clause of price variation
Felthouse v Brindley
Uncle wrote to nephew stating he would consider the horse his for £30.15 unless his nephew responded. An auctioneer D sold the horse by mistake. Held plaintiff had to property in the horse
Adams v Lindsell
D misdirected a letter of offer to P for sale of wool fleeces. Expecting a response before the 7th. P reviewed and accepted on the 5th. D sold the stock on the 8th and received Ps acceptance on the 9th. Held contract from the 5th
Household Fire Insurance v Grant
D applied for shares of the company. P accepted and allotted the shares. Responded by letter which never got to D. Held contract upon posting letter to D
Holywell Securities v Hughes 1974
P was given an option exercisable by notice. P responded but the letter never arrived. Held no contract no actual communication
Entores v Miles Far East Corp
An English company faced a ditch company a counter offer which was accepted. Held since the acceptance was received in England the contract was made within jurisdiction
Countess of Dunmore v Alexander
A letter of offer and revocation arrived at the same time to Elizabeth Alexander. Held no contract
Thomas v Thomas
Before his death the testator said he wanted his wife to have the house while she was alive or £100. His will did not say this. She promised to pay£1 per year for upkeep. This amounted to consideration
Ward v Byham
The father if an illegitimate child promised to pay £1 per week as long as she was happy and well looked after and had the choice who to live with. This amounted to consideration
Stilk v Myrick
Two men deserted a ship on a voyage from London to the Baltic. The captain promised their wages to be divided between the remaining crew. Promise not enforceable. No more than standard duty
Central London Property Trust Ltd v High Tree House Ltd
The tenants had a contract for £2500 per year which was reduced to £1250 during the war. After this date the plaintiff sought the full tent for the year of 1945. Held P knew their promise would be acted upon and it was
What are the 6 limits to promissory estoppel?
Need for existing legal relationship
Need for reliance
A shield not a sword
Inequitable for promiser to go back in promise
Doctrine is generally suspensory
Where promise is prohibited by legislation
Edmonds v lawson
A pupil barrister claimed her pupillage was an employment. Chambers argued there was no intention to create legal creations and no consideration. Held it was a contract. Appeal held although ‘’’ she was not a worker working the meaning of national minimum wage act
Balfour v Balfour
Husband and plaintiff wife became estranged. He offered to pay her £30 per month for the total maintenance. Held no enforceable contract as it was a domestic agreement
Unfair contract terms act
1977
Unfair terms in consumer contracts regulations
1999
How is an exclusion clause to be effective?
It must be incorporated as a term of contract
L’estrange v graucob
Defendant bought a cigarette machine which did not work. She claimed damages under the statutory term that it was fit for purpose. Held she had not read the terms of the agreement but that was immaterial and she was bound by the exclusion stated
Nash v Inman
The defendant argued that clothes supplied to him were not necessities and he was a minor. The onus was on the plaintiff to prove that the goods were suitable to the condition in life of the minor. Not established
Raffles v Wichelhaus
Cotton purchased by the defendant was to be delivered from Bombay on a ship called peerless. 2 ships were called peerless one leaving Oct, the other in Dec. D expected Oct however it was Dec. refused to take delivery. Court favoured D
Couturier v hastie
During the time sailing, corn which was agreed to be purchased had deteriorated and was sold as Tunis. The buyer repudiated the contract
Smith v Hughes
D was showed a sample and purchased new oats believing them to be old. P brought an action for non-acceptance. Held he received what he contracted to buy
Cundy v Lindsay
P received an order for linen from a rogue for linen handkerchiefs. The rogue pretended to be a known company on the same st. Contract was held to be void for mistake as to identify. Innocent party was the loser.
Hedley Byrne v Heller
An advertising agency had requested from the bankers of a client information regarding financial stability. D claimed that company was good for ordinary business engagements. A duty of care had arisen and damages could be sought
Spice girls v aprillia
Geri Halliwell declared she was leaving. After the did photoshoot and promotions for sponsorship of their tour. Held misrepresentation
What was held in the case of couturier v Hastie?
Mistake of both parties as to the existence of the subject matter of the contract renders it void
Hochester v de la tour?
Agreed to be a courier at a later date. The defendant cancelled him. Held liable for damages. Mitigation
Heyman v darwins ltd
Z
Cutter v Powell
Cutter was employed to sail as second made from Jamaica to Liverpool. He died before completing the entire of his contract. Wife used for wages held. Obligation not fulfilled
Sumpter v hedges
P did building on Ds property and ran out of money. D finished the work himself using Ps materials. Held that the obligation was complete
Nordenfelt v maxim nordenfelt
D sold his gun company to p. Covenant that D could not work in rival or manufacture guns for 25 years. Held worldwide was valid because of the limited clients
St. John shipping corporation v Joseph rank ltd
D overloaded the ship carrying cargo. Was fined 1200. D withheld cargo for 1200. Held p could recover cargo. Illegal performance did not render the contract illegal
Andrews v Hopkinson
Z
Beswick v beswick
Uncle gave his nephew a business. Uncle to be employed until death and widow to receive £5 a week. Widow sued. She was not a party to the contract but benefited
North Ocean shipping v Hyundai construction
A ship building company opened a letter of credit for Hyundai. There was a 10% price increase due to USD devaluation. In return there was an increase in the credit line. Held consideration
Halpern v halpern
Held rescission for duress was no different in principle from rescission for other vitiating factors such as misrepresentation
Bisset v wilkinson
Owner of a farm stated it could support 2000 sheep. The statement was held as merely a statement of opinion
