Contract Flashcards
What are the elements required to make a contract?
Offer, Acceptance, Consideration and Intention to create legal relations.
Which case defines what constitutes an offer?
Fisher V Bell - Flick knife spotted for sale in the window of a shop. Held that this was an invitation to treat from the shop and not an offer for sale.
Which case held that silence is not enough to constitute acceptance of an offer?
Felthouse V Bindley - Horse sale from a nephew to an uncle.
Which case held that past consideration is no consideration?
Eastwood v Kenyon - Eastwood cared for his niece and took out a loan to cover the cost. Upon marrying her, Kenyon offered to pay this back but it never happened. It was held that past consideration is no consideration.
Which case held that payment of a lesser sum on the due date is no consideration for the whole sum?
Pinnells case
Which case upheld the decision in Pinnells case?
Foakes v Beer
Which case shows that generally, domestic agreements are presumed NOT to create legal relations?
Balfour v Balfour - wife and husband maintenance payments
Which case assumes that commercial agreements intend to create legal relations?
Rose and Frank - included a clause to state clearly that there was no intention to create legal agreements.
Where a contract has been breached, one remedy would be to receive damages. Generally, what do damages seek to receive?
Damages seek to put the disadvantaged party back to the financial position they will have been in had the contract have been fulfilled.
In addition to damages, what are two examples of other forms of remedy for breach of contract?
Injunction and specific performance
What does specific performance seek to achieve?
Specific performance seeks to compel a party to carry out their contractual obligation.
Which case used specific performance?
Behnke v Bede Shipping - rare ship purchase
What does an injunction seek to achieve?
An injunction places a restriction on, or prohibits a party from doing something. It can also compel a party to do something in order to fulfil the contractual obligation.
Which case used an injunction in order to ensure contractual obligations were fulfilled?
Araci v Fallon - horse rider agreed only to ride one horse. Injunction was placed on them to prevent them riding another horse on the day of derby
