Contract (Jun/22) Flashcards
elements of contract
- offer
- consideration
- acceptance
- intention to form legal relation
- certainty
what is a contract?
Contract is the formation of an offer that has been considered for the valued good and has been accepted.
laws legislating Contract?
ACL, Goods Act 1958 (Vic)
types of contract
written, oral and implied
can all contracts be verbal?
No
eg of a contract that can’t be verbal?
sales of land
according to what legislation, sales of land must be written?
s53 of Real Property Law 1958
Unilateral C?
when a promiser makes an open promise to provide something in exchange for performance
Bilateral C?
when a promisor and promise makes an promise and they are both obliged to fulfil their promise
difference between Unilateral and Bilateral?
unilateral is an open invitation to anyone who accepts
difference between an offer and invitation to treat?
Invitation to treat is a preparation to offer without the intention of forming legal relation
invitation to treat?
an invitation to offer
offer?
a clear statement of the terms which the offeror is willing to be bound upon
supply of information does not constitute offer according to which case?
Harvery v Facey [1893]
Invitation to Treat ex?
auction, display of goods for sale
Action is the acceptance of a unilateral offer according
Carlil and Carbolic Smoke Ball
Carlill v Carbolic Smoke Ball facts?
CSB promised, in an advertisement, to reward 100 to anyone who contracts influenza after using their smoke ball 3 times a week for two weeks.
Mrs Carlill sued CSB after contracting influenza and not being paid.
Court held that Carlill was entitled to the reward since a unilateral contract was formed between them.
puff
overexertion of something that a logical person will not believe as true
