Cases Flashcards
created the rule that an advertisement is always an invitation to treat even if price and object stated
Fenwick v Macdonald Fraser & Co
vending machines are always offers
l’estrange v graucob ltd
the creation of the postal rule
dunlop v higgins
found that postal rule does not apply to revocation
Bryne v Van Tienhoven
that a counter offer makes the original offer void and unenforceable
Wolf & Wolf v Forfar Potato Co
does not matter if individual does not read terms and conditions of a contract
Nicholas Prestige Homes v Neal
Example of a frustrated contract due to a fire
Taylor v Caldwell
basic example demonstrating an error that prevents formation of contract
Mathieson Gee (Ayrshire) Ltd v Quigley
an example of an error in contract which there was no consensus in idem of the product
Raffles v Wichelhaus
example of case of common error
Galloway v Galloway
give an example of an induced unilateral error
Menzies v Menzies
example of a time a contract remained standing despite a induced unilateral error
Brooker- Simpson v Duncan Logan
give an example of a contract reduced because of a induced unilateral error
Stewart Trs v Hart
give an example of innocent misrepresentation
Menzies v Menzies
an example of when an individual was relying on the expertise of a party and yet it resulted in misrepresentation
Esso Petroleum v Mardon
an example of retention in which payment was withheld until work was completed
Redpath Dorman Long Ltd v Cummins Engine Co ltd
a case that demonstrated retention is only available in areas which are interdependent on the performance of the party in breach
McNeil v Aberdeen City Council
give an example of a case in which repudiation was refused and then court ruled in suers favour
White & Carter Councils v Mcgregor
case when a widow was persuaded by her daughter to give her the house
McGilvary v Martin
who emphasised that an element of mental weakness was needed for fraud, facility and circumvention
Lord Drummond Young
case for undue influence
Ross v Gosselin
demonstrated there was undue influence between husband and wife
Smith v Bank of Scotland
evidence for force and fear
Welch v Cheesman
lawful threat do not count as force and fear
Evan Wallace & Partners v Westcot Homes
