Contract law Flashcards
Is an advertisement an invitation to treat or an offer? Case authority is well
Invitation to treat with exception of unilateral contracts , the case that sets out this precedent is partridge v Crittedden 1968
What is a unilateral contract ?
An agreement to pay in exchange for performance if the potential performance chooses to act there is also no obligation to perform the act
What are goods in a shop window?
They are an invitation to treat this is a well established rule. Fisher v bell
The shopkeeper was not guilty of offensive weapons act as it was an invitation to treat not an offer
What is a bilateral contract ?
This requires both parties to perform an act or promise they also both have legal obligations to this .
Who can make a an offer?
Anyone including notices or machines this was set out in Thornton v shoe lane parking 1971
When the acceptance was made by putting the money into the machine this is where the contract was made which dictated what terms were in the contract the terms were displayed by the machine .
When does the offer begin ?
It begins when it enters the offereee brain they must know the existence of the offer.
Taylor v laird 1856
Ship owner had not received any communication of his offer to work as an ordinary crew member. Therefore the contract couldn’t exist for the payment of wages on this voyage.
What is the rule regarding acceptance and instantaneous communication?
When the email is received however the courts take it on a case by case basis
What is Stevenson v McLean 1880 authority for ?
Email sent via working hours will be assumed to be read once it is sent , it was held that the query about credit was only a enquiry so a binding contract was made at 1:34 pm not 10am .timing of the communication is crucial request for information v counter offer
When does an offer end ?
Death, acceptance, lapse time , revocation, rejection , counter offer
Which case showed that acceptance can not be silence ?
Felthouse v bindly
Byrne v van tienhoven
Revocation must be communicated effectively
Foakes v Beer
Part payment of a debt cannot be consideration.
Dr foakes owed mrs beer £2090 after a court gave judgement in favour of mrs Beer . The two reached in agreement that foakes could pay in instalments, with Mrs Beer agreeing that no further action would be taken if the debt was paid of by an agreed date . Later mrs Beer demanded the interest to which she was entitled under a judgement debt and sued when foakes refused to pay. She was successful following the rule in pinnels case.
Errington v errington
A unitlateral offer cannot be revoked if performance has already began.
Lindsell v Adam’s
Acceptance via post takes place as soon as posted not when it’s received
Fisher v Bell
Goods in a shop window are invitation to treat
Stilk v myrick
An existing legal duty cannot be consideration
Which case defined consideration
Currie v misa consideration is something of. Value being offered by each party it doesn’t have to correspond to what something is actually worth like in thomas v Thomas
Pinnels case
Part payment of a debt is not consideration of the whole debt consideration must go above any existing obligations part payment can only be considered if something else is offered as consideration pinnels case authority for this general principle .
Another exception to this rule
A lesser sum at the request of the creditor is paid before the date on which it’s due
Exception to this rule
The method of payment is changed , it was held in d and c builders v rees that payment of a lesser amount by cheque rather than cash is not a sufficient difference to discharged the debt
What is the case authority for a counter offer?
Hyde v wrench wrench offered to sell his farm for £1000 Hyde replied with a counter offer of £950 wrench rejected this counter offer . Hyde then replied to to wrenches earlier offer of £1000 however the offer had ended due to the counter offer so Hyde could not accept it wrench could have accepted hydes offer of £1000 but chose not to.
What is exception to past consideration?
Implied contracts eg haircuts
Another rule of consideration is that consideration must move from the promisee
The case authority for this is tweddle v Atkinson both father of a young married couple agreed in writing to give money to them however the women’s father died before giving over the money and the husband sued the executors of the estate when they refused to pay the money even though the husbands name was in the agreement, his claim failed because he had given no consideration and was not a party to the agreement himself
what is the case authority for for disvisble contracts?
RITCHIE V ATKINSON
One rule to timing
make the time period critical by stating it in the contract
what is quantum merit?
it is as much as it is worth
what is the case authority for quantum merit?
Young v thames properties ltd 1999
young v Thames properties Ltd 1999
contractor was contracted to resurface a car park. overall did his job but some small defects. the contractor was entitled to the contract the savings that he had made from buying less expensive materials .
what is re McArdle case authority for?
past consideration she painted his house before a contract therefore couldn’t claim for any money
Taylor v Laird
an offer only comes into existence when it is communicated with the offeree.
Hyde v wrench
once an offer is rejected it cant be accepted
Balfour v Balfour
there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.
Merritt v Merritt
social/domestic agreements
Lampleigh v braithwaite
the matter was so important that some payment could be implied as intended by the parties
bettini v Gye 1876
a singer was contracted to perform at a series of concerts and six days of rehearsal. he failed to attend the first three days of rehearsal. He was replaced as a singer for his failure to turn up to the rehearsals. It was held to be a breach of warranty, so the concert organiser could not repudiate and therefore the singer was awarded damages for breach of contract.
what is the only legal remedie?
damages
Wrotham park damages
nominal damages
substantial damages (compensatory damages)
non - pecuniary losses ( speculative damages)
limitation of awarding damages
causation
remoteness
mitigation of loss
causation
the losses must have been caused by the breach of contract
limitation of causation
have to prove the breach of contract has caused the loss
poussard v spiers and pond 1876
an actress agreed to perform the lead role in production. she failed to attend the first few performances. her role was given to an understudy. when she did attend, she was not allowed to take up the role. she had broken her contract by not turning up for the role. as the lead her presence was central. it was therefore a condition in the contract so the contract could be repudiated.
