Contract Formation Flashcards
1
Q
Carlill v Carbolic Smoke Ball
A
- advert claimed reward of £100 if anyone became unwell after taking the ball 3x a day for two weeks
- held this as a contractual offer
2
Q
Clifton v Palumbo:
A
- invitation to treat
-> prepared to offer estate for 600,000, agree reasonable + sufficient time shall be granted to you for examination + consideration of all the data
-> HELD: not an offer, the use of the word doesn’t = an intention to make a binding contract
3
Q
Pharmaceutical Society of GB v Boots
A
- when items are on display on the shelves of a shop at a set price, is that an offer?
- invitation to treat
- offer made by customer when present the good for sale, and accepted once authorised at checkout
4
Q
Website purchases
A
Invitations to treat > contractual offers
5
Q
Brogden v Metropolitan Rly Co
A
- Acceptance by conduct
- coal suppliers counter offer placed in the draw by the customer who then began to accept the delivery of coal
- HELD: contract in suppliers terms
6
Q
Tekdata Interconnections Ltd v Amphenol Ltd
A
- applying last shot rule
- B sent orders to S containing Bs terms
- S gave acknowledgements which stated its own terms applied
- items were delivered and accepted by B w/o the B protesting the S’s terms
-> HELD: the parties had contracted on the S’s terms
7
Q
Byrne v Van Tienhoven
A
- postal acceptance rule
- An offer is made
•Offeror writes to say that the offer is being withdrawn, sending this letter on 8 October
•Offeree, meanwhile, writes a letter saying that he accepts the offer, sending this on 11 October
•Offeror’s letter saying that the offer is withdrawn arrives with the offeree on 20 October.
An offer is made
•Offeror writes to say that the offer is being withdrawn, sending this letter on 8 October
•Offeree, meanwhile, writes a letter saying that he accepts the offer, sending this on 11 October
•Offeror’s letter saying that the offer is withdrawn arrives with the offeree on 20 October.
