contract law Flashcards
What is a contract?
A contract is a legally binding agreement between parties where consideration is given and an offer and acceptance takes place. There must be intent to create legal relations
What is an offer?
An offer is a proposition or suggestion made by one or more persons to another person(s). The court will only recognise an offer as being valid if it was intended as an offer
How can an offer be expressed
In writing, verbal, implied from conduct
Who can an offer be made to?
an individual, a group, the whole world
Partridge v Crittenden
Adverts are considered to be an invitation to treat not an offer
Fisher v Bell
An invitation to treat is something advertised or displayed
What is a unilateral offer?
- a public one sided offer
- a promise to give someone something if they do something back
Carhill v Carbolic Smoke Ball Co
Example of a unilateral offer
What is a bilateral offer?
- Both parties are making a promise to each other
- its a mutual agreement where they both agree to do something
- if someone doesn’t fill their promise, the other party doesn’t have to either
Harvey v Facey
A request for information. If someone requests information, your reply is not an offer
Thornton v Shoe Lane Parking
an offer can be made by a machine
How can an offer end?
- most commonly through acceptance
- through revocation (revoking your offer)
- When revoking the other person needs to know and it can be revoked at anytime
Routledge v Grant
even if you’ve said the offer will remain open for a period of time, you can still withdraw it within the time
Dickinson v Dodds
revocation can be communicated by a third party
what is rejection
when an offer is rejected it is now closed
