Contract Flashcards

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1
Q

Rule in Hyde v Wrench

A

Counter offer kills off original offer

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2
Q

Rule in Payne v Cave

A

Revocation of an offer possible at any point before acceptance

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3
Q

Rule in Routledge v Grant

A

Offer revocation possible before end of offeror’s time limit

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4
Q

Byrne v Tienhoven

A

Offer revocation must be communicated

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5
Q

Dickinson v Dodds

A

Offer revocation can be communicated via a third party

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6
Q

Entores v Miles

A

Offeree must communicate acceptance of offer to offeror

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7
Q

Adams v Linsell

A

Postal rule - acceptance effective once posted

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8
Q

Hentham v Fraser

A

Postal rule provisor - must be reasonable to accept by post

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9
Q

Holwell Securities v Hughes

A

Postal rule provisor - offeror must not have displaced postal rule

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10
Q

What are three postal rule provisors?

A
  1. Stamped and addressed properly
  2. Reasonable to accept by post
  3. Postal rule not displaced by offeror
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11
Q

What is an offer?

A

An expression of willingness to enter into a legally binding agreement, with no further negotiations to the terms

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12
Q

What is acceptance?

A

A final, unqualified assent to all terms of an offer

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13
Q

Cundy v Lindsay

A

Written correspondence contracts can be rendered void by unilateral mistake

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14
Q

Phillips v Brooks Ltd

A

Face to face contracts cannot be rendered void by unilateral mistake (can be voidable)

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15
Q

Shogun Finance Ltd v Hudson

A

Substantiated rule in Cundy

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16
Q

Ingram v Little

A

Does not follow rule in Phillips
Denning criticism that original seller parted with goods before payment, enabling fraud, and should bear the greater cost

17
Q

Kings Norton Metal v Edridge, Merrett and Co

A

Did not follow rule in Cundy

18
Q

Hamid v FBP 2011

A

Revisited aspects of Shogun

19
Q

Who dissented in Shogun?

A

Lord Nicholls and Lord Millett

20
Q

Lord Nicholls’ main arguments in Shogun?

A
  1. Cundy old
  2. No distinction between f2f and correspondence contracts
  3. Fraud does not negate intention: o.s. agreed to sell goods, identity relevant in remedy, not contract formation
  4. Loss should be borne by o.s.
  5. If rep had been in showroom…
21
Q

Lord Millett’s arguments in Shogun?

A
  1. Law should favour innocent third party
  2. Until fraud was exposed, existence of contract never in question
  3. Shogun could have written to (the real) Mr Patel to verify transaction
  4. New methods of correspondence make delineation between f2f and correspondence contracts untenable
22
Q

Four aspects required for unilateral mistake?

A
  1. Intention to deal with someone other than the rogue
  2. Rogue knew this
  3. Identity crucial at time of sale
  4. Reasonable steps taken to verify identity
23
Q

Three types of mistake?

A

Common, mutual and unilateral

24
Q

Test for unilateral mistake subjective or objective?

A

Objective - reasonable bystander

25
Q

Current law on unilateral mistake in f2f contracts?

A

O.s. intended to deal with person in front of them; contract may be voidable (Phillips v Brooks Ltd)

26
Q

Current law on unilateral mistake in correspondence contracts?

A

O.s. intended to deal with person in correspondence; contract may be voided (Cundy v Lindsay)