Cases Flashcards

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1
Q

created the rule that an advertisement is always an invitation to treat even if price and object stated

A

Fenwick v Macdonald Fraser & Co

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2
Q

vending machines are always offers

A

l’estrange v graucob ltd

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3
Q

the creation of the postal rule

A

dunlop v higgins

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4
Q

found that postal rule does not apply to revocation

A

Bryne v Van Tienhoven

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5
Q

that a counter offer makes the original offer void and unenforceable

A

Wolf & Wolf v Forfar Potato Co

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6
Q

does not matter if individual does not read terms and conditions of a contract

A

Nicholas Prestige Homes v Neal

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7
Q

Example of a frustrated contract due to a fire

A

Taylor v Caldwell

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8
Q

basic example demonstrating an error that prevents formation of contract

A

Mathieson Gee (Ayrshire) Ltd v Quigley

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9
Q

an example of an error in contract which there was no consensus in idem of the product

A

Raffles v Wichelhaus

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10
Q

example of case of common error

A

Galloway v Galloway

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11
Q

give an example of an induced unilateral error

A

Menzies v Menzies

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12
Q

example of a time a contract remained standing despite a induced unilateral error

A

Brooker- Simpson v Duncan Logan

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13
Q

give an example of a contract reduced because of a induced unilateral error

A

Stewart Trs v Hart

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14
Q

give an example of innocent misrepresentation

A

Menzies v Menzies

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15
Q

an example of when an individual was relying on the expertise of a party and yet it resulted in misrepresentation

A

Esso Petroleum v Mardon

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16
Q

an example of retention in which payment was withheld until work was completed

A

Redpath Dorman Long Ltd v Cummins Engine Co ltd

17
Q

a case that demonstrated retention is only available in areas which are interdependent on the performance of the party in breach

A

McNeil v Aberdeen City Council

18
Q

give an example of a case in which repudiation was refused and then court ruled in suers favour

A

White & Carter Councils v Mcgregor

19
Q

case when a widow was persuaded by her daughter to give her the house

A

McGilvary v Martin

20
Q

who emphasised that an element of mental weakness was needed for fraud, facility and circumvention

A

Lord Drummond Young

21
Q

case for undue influence

A

Ross v Gosselin

22
Q

demonstrated there was undue influence between husband and wife

A

Smith v Bank of Scotland

23
Q

evidence for force and fear

A

Welch v Cheesman

24
Q

lawful threat do not count as force and fear

A

Evan Wallace & Partners v Westcot Homes