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 21

What is exception to past consideration?

Answer 21

Implied contracts eg haircuts

Question 22

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

Answer 22

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 23

what is the case authority for for disvisble contracts?

Answer 23

RITCHIE V ATKINSON

Question 24

One rule to timing

Answer 24

make the time period critical by stating it in the contract

Question 25

what is quantum merit?

Answer 25

it is as much as it is worth

Question 26

what is the case authority for quantum merit?

Answer 26

Young v thames properties ltd 1999

Question 27

what is re McArdle case authority for?

Answer 27

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

Question 28

Taylor v Laird

Answer 28

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

Question 29

Hyde v wrench

Answer 29

once an offer is rejected it cant be accepted

Question 30

Balfour v Balfour

Answer 30

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

Question 31

Merritt v Merritt