Contract law

Question 1

Is an advertisement an invitation to treat or an offer? Case authority is well

Answer 1

Invitation to treat with exception of unilateral contracts , the case that sets out this precedent is partridge v Crittedden 1968

Question 2

What is a unilateral contract ?

Answer 2

An agreement to pay in exchange for performance if the potential performance chooses to act there is also no obligation to perform the act

Question 3

What are goods in a shop window?

Answer 3

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

Question 4

What is a bilateral contract ?

Answer 4

This requires both parties to perform an act or promise they also both have legal obligations to this .

Question 5

Who can make a an offer?

Answer 5

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 .

Question 6

When does the offer begin ?

Answer 6

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.

Question 7

What is the rule regarding acceptance and instantaneous communication?

Answer 7

When the email is received however the courts take it on a case by case basis

Question 8

What is Stevenson v McLean 1880 authority for ?

Answer 8

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

Question 9

When does an offer end ?

Answer 9

Death, acceptance, lapse time , revocation, rejection , counter offer

Question 10

Which case showed that acceptance can not be silence ?

Answer 10

Felthouse v bindly

Question 11

Byrne v van tienhoven

Answer 11

Revocation must be communicated effectively

Question 12

Foakes v Beer

Answer 12

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.

Question 13

Errington v errington

Answer 13

A unitlateral offer cannot be revoked if performance has already began.

Question 14

Lindsell v Adam’s

Answer 14

Acceptance via post takes place as soon as posted not when it’s received

Question 15

Fisher v Bell

Answer 15

Goods in a shop window are invitation to treat

Question 16

Stilk v myrick

Answer 16

An existing legal duty cannot be consideration

Question 17

Which case defined consideration

Answer 17

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

Question 18

Pinnels case

Answer 18

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 .

Question 19

Another exception to this rule

Answer 19

A lesser sum at the request of the creditor is paid before the date on which it’s due

Question 20

Exception to this rule

Answer 20

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

Question 21

What is the case authority for a counter offer?

Answer 21

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.

Question 22

What is exception to past consideration?

Answer 22

Implied contracts eg haircuts

Question 23

Another rule of consideration is that consideration must move from the promisee

Answer 23

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

Question 24

what is the case authority for for disvisble contracts?

Answer 24

RITCHIE V ATKINSON

Question 25

One rule to timing

Answer 25

make the time period critical by stating it in the contract

Question 26

what is quantum merit?

Answer 26

it is as much as it is worth

Question 27

what is the case authority for quantum merit?

Answer 27

Young v thames properties ltd 1999

Question 28

young v Thames properties Ltd 1999

Answer 28

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 .

Question 29

what is re McArdle case authority for?

Answer 29

past consideration she painted his house before a contract therefore couldn’t claim for any money

Question 30

Taylor v Laird

Answer 30

an offer only comes into existence when it is communicated with the offeree.

Question 31

Hyde v wrench

Answer 31

once an offer is rejected it cant be accepted

Question 32

Balfour v Balfour

Answer 32

there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.

Question 33

Merritt v Merritt

Answer 33

social/domestic agreements

Question 34

Lampleigh v braithwaite

Answer 34

the matter was so important that some payment could be implied as intended by the parties

Question 35

bettini v Gye 1876

Answer 35

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.

Question 36

what is the only legal remedie?

Answer 36

damages

Wrotham park damages
nominal damages
substantial damages (compensatory damages)
non - pecuniary losses ( speculative damages)

Question 37

limitation of awarding damages

Answer 37

causation
remoteness
mitigation of loss

Question 38

causation

Answer 38

the losses must have been caused by the breach of contract

Question 39

limitation of causation

Answer 39

have to prove the breach of contract has caused the loss

Question 40

poussard v spiers and pond 1876

Answer 40

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.