Contract Flashcards
ramsgate hotel v Montefiore
offer cannot be accepted after the fixed period of the offer expires
carlill v carbolic smoke ball
advertised £100 to anyone who used a smoke ball and got the flu, and they said £1000 had been deposited with a bank to indicate their seriousness. mrs carlill bought one and got the flu and sued for her money, they were made to pay- clearly i2clr
Barry v Davies
an auction with no reserve is offer and acceptance
fisher v bell
displayed a flick knife in the shop window- it was an invitation to treat, an offer comes later when someone enters the shop
partridge v Crittenden
advert for birds in a magazine- invitation to treat not offer
dickinson v dodds
communication of revocation doesnt have to be by the offeror as long as the offeree ought to believe the source that informed him- offer can be revoked any time before acceptance as long as there is no consideration
stevenson v Mclean
a request for info won’t destroy the original offer
entores v miles
contract is made when and where the acceptance is recieved- it is as if they were in each others presence
byrne v van tienhoven
revocation needs to be communicated to the offeree before acceptance
Thomas v Thomas
something of value must be given for a promise in order to make it enforceable- even £1 a year as rent
Tweddle v Atkinson
tweddles son couldn’t enforce the promise of William guy as he had given no consideration
re mcardle
past consideration isn’t valid consideration
williams v roffey bros
already in a contract, D promised to pay C a bonus to complete on time, C failed to complete on time but D was still found to be liable for the money because they would have secured a practical benefit and there was no duress on them
high trees
paid a reduced rent during the war years but had to go back to full rent after- obiter- promissory estoppel stops claimant being able to get the full rent for the war years
d and c builders v Rees
Rees trued to exploit the bad financial situation of d and c builders by offering less money but promissory estopped that
pinnels case
payment of a lesser sum on the day its due cant be satisfaction for the whole
foakes v beer
beer sued foakes for the interest on the debt- foakes hadn’t offered any consideration for her promise to forgo the debt
Jackson v horizon holidays
could recover damages for his distress at the bad holiday but also his additional distress caused by his wife and kids distress- a way to get around privity of contract- connect also to damages for loss caused by 3rd parties
shanklin pier v detel
painting pier- paint manufacturer promised it would last 7 years but only lasted 3 months- main contract was between D and contractors but there was a collateral contract of D and paint manufacturers so could sue
s2(1)- contracts (rights of 3rd parties) act
circumstances where parties to a contract cant rescind the third party’s rights without their consent
contracts (rights of 3rd parties) act 1999
sets out when a third party has the right to enforce a term of the contract
Hong Kong Fir Shipping
innominate term- couldn’t be classified in advance as either a condition (serious term) or a warranty (not as serious) so whether they could terminate or not relied on the seriousness of the breach- this one couldn’t be terminated because they hadn’t been deprived of substantially the whole benefit
Bettini v Gye
not going to 3/6 of the rehearsals which his contract stipulated was held to be a breach of warranty
poussard v spiers
missed the first 4 performances- breach of condition