Contract Law Flashcards
Bradley v Morgan
Death may end offer
Collateral contracts allow third party to enforce promises - privity of contract
Shanklin pier v detel products
Recision - remedies
Leaf v international galleries
Party’s are prevented from performing obligations
Condor v baton knights
Each separate obligation can be singular enforceable
Taylor v Webb
Attempts to avoid privity
Port line v Ben line streamers
Liquidated damages - remedies
Dunlop pneumatic tyre v motor co
Must be brought to attention of offerors
Entores v miles far east
Commercial agreements - intention to create legal relations
Edwards v skyways
Illegitimate pressure - economic duress
Atlas express v kafco
Inonimate term Decided by courts
Grand china logistics v spar shipping
Grand china logistics v spar shipping
Brogden v metropolitan railway
Negligent misrep
Howard marine v Ogden
Anticipatory breach
HocHester v de la tour
If performance is illegal contract becomes frustrated
Metropolitan water board v dick Kerr
Damages available based on what would have been foreseen by reasonable party - rules and theory
Wellesly partners v withers
Breach is sufficient to allow repudiation of contract
Hong Kong fir case
Must be identifiablepromise or commitment made - intention to create legal relations
Kleinwort benson v Malaysian mining
Freedom of contract - rules and theory
Prime sight v laverello
Acceptance of part performance, payment can be enforceable
Sumpter v hedges
Specific performance - remedies
Dyster v Randall and sons
contract is not discharged until all obligations are performed
Cutter v Powell
Subject matter is unavailable
Morgan v manser
Breach of condition gives injured party right to reject
Poussard v spiers and pond
Central purpose of contract destroyed by event
Krell v Henry
Contract ends if subject matter is destroyed
Taylor v Caldwell
Coercion of will - economic duress
Pao on v lau yin Lang
Duration of offer ends if offer is revoked before acceptance
Dickson v Dodds
Party goes beyond existing duty - consideration
Williams v roffey
Both parties must be certain on what their agreeing - rules and theory
Guthing v Lyon
Lapse of time may result in end of offer
Ramsgate hotel v montefire
Unaware they have done conduct to accept
Gibbons v proctor
Not party to contract - privity of contract
Beswick v beswick
Past consideration is not consideration
Roscorla v Thomas
Counter offer is deemed end of contract
Hyde v wrench
Offer made through advertisement
Car hill v carbolic smokeball co
Fraudulent misrep
Derry v peek
Postal rule applies on date when posted
Adams v lindsell
Silence is not acceptance
Felthouse v bindley
Third party cannot be imposed unless given consent - privity of contact
Tweddle v Atkinson
Consideration must be sufficient something of value in return
Thomas v Thomas
Offer is at end if it’s rejected
Hyde v wrench
Invitation to treat is not an offer
Fisher v bell
Relation in place of couple split up - intention to create legal relations
Merit v Merritt
Social and domestic situations not deemed as legal relations - intention to create legal relations
Balfour v Balfour
Person is bound whatever true intention may be - rules and theory
Smith v hughes