CHAPTER 1: Flashcards

1
Q

Tender

A

Spencer v. Harding

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2
Q

Price List

A

Harvey v Facey (1893)

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3
Q

Display of Goods

A

Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd

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4
Q

advertisement (ITT)

A

Harris v Nickerson

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5
Q

Counter offer

A

Hyde v. Wrench

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6
Q

Prescribed time/ reasonable time

A

Ramsgate Victoria Hotel Co. v Montefire

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7
Q

Communication (Acceptance)

A

Felthouse v Blindly

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8
Q

Revocation of an Acceptance

A

Dunmore v Alexander
When the letter of acceptance and the letter of revoking the acceptance reached the offeror simultaneously, the acceptance was revoked effectively

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9
Q

Rules of Consideration

A
  1. sufficient but need not be adequate
  2. may come from an offeree or any other person
  3. have some value
  4. not be illegal and vague
  5. possible of performance
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10
Q

Types of consideration

A
  1. Executory
  2. Executed
  3. Past
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11
Q

Legal capacity (general rule)

A

Section 10(1) of the Contract Act 1950 provides that:
All agreements are contract if they are made by free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void

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12
Q

Competent for contract (Legal of Capacity)

A
  1. Age of majority
  2. Soundness of mind
  3. Not disqualified by law
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13
Q

Exceptions (Legal Capacity)

A
  1. marriage
  2. scholarship
  3. necessaries
  4. apprenticeship
  5. insurance
  6. agency
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14
Q

Mistake as to the possibility of performing the contract (mutual mistake)

A

sheikh bros v ochsner

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15
Q

types of mistake (free consent)

A
  1. mutual mistake
  2. unilateral mistake
  3. mistake as to document
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16
Q

void contract

A

agreements that have no legal effect from the beginning

17
Q

voidable contract

A

when consent to an agreement is caused by coercion, fraud, misrepresentation and undue influence

18
Q

contract for necessaries tests (legal capacity)

A
  1. the nature of the goods
  2. the minor’s actual needs
19
Q

apprenticeship (legal capacity)

A

Doyle v White City Stadium (1935)
The plaintiff a minor was a professional boxer. He had agreed to be bound by the rules of the Board that “if he is disqualified from the tournament, he would lose the price money”. He was then disqualified

20
Q

Contract for necessaries (case)

A

Nash v Inman
The plaintiff supplied to the defendant a student clothing worth £145. His father also had supplied the defendant proper clothes