contract law Flashcards
what is contract law based on
promises, agreement the law will enforce only a party who made the contract can enforce
what’s the main statutes in contract law
sale of goods act 1979 and consumer rights act 2015
what is the common of contract law
case law is where law began as long ago as cases like Pinnel’s case 1602
what does free of contract refer to
to the principle that individuals should have the liberty to enter into lawful
what is the starting point for any contract
an offer
what is important to distinguish what
between an offer and a statement preparatory to an offer
case that links to an offer
payne v cave 1787
what does it mean by invitation to treat
party made an expression of willingness to negotiate
case that links to invitations to treat
pharmaceutical society of GB v boots cash chemists (southern) Ltd
what is the general rule of advertisements
typically abt sellers and shops… merely invites people to look at the goods
who commences a contract
the seller to the people by offering to buy. but there are expectations to the rule, like vending machines
case that links to expectations in advertisements
thornton v shoe lane parking 1971
what is another expectation of advertisement
providing info, does not amount to an offer- Harvey v Facey 1893
why is a statement not an offer
bc if there is no definite in terms of use
what case links to a statement is not an offer if it is not definite in terms it uses
Gibson v Manchester city council 1979
facts of Gibson v Manchester city council 1979
Mr G wanted to buy his council house, when asked the corporation: “the corporation may be prepared to sell the house to you at the purchase price of £2725 less 20%”
held of Gibson v Manchester city council 1979
the court said this reply was an invitation to treat and not an offer bc of the word ‘may’
what is revocation
‘the rescinding, annulling or withdrawal of an offer’
how is revocation done
by the party who made the offer. offeree must receive notification the offer has been withdraw can occur during any period when the offer is said to be open
what case links to revocation
Routledge v Grant 1828
facts of Routledge v Grant 1828
D contacted C in writing, offering to purchase the lease of C’s home. offer sated that it would remain open for period of 6 weeks. but D change their mind before C accepted and wrote to state they were purporting to withdraw the offer, but then c accepted the offer within the six weeks
held for Routledge v Grant 1828
held that original letter was bound by his original letter to keep the offer open for six weeks, like it had been validly withdrawn by the D and C’s acceptance was ineffective.
with revocation what else can be implied
actions
what case links to revocation can implied by actions
Dickinson v Dodds 1876
held for Dickinson v Dodds
court led that the statement made by Do was nothing more than a promise; no binding contract formed. communicated an offer for buying his house to the complainant and this offer can be revoked any time before acceptance
facts of Dickinson v Dodds 1876
DI wrote to Do with an offer to sell his house to him for £800, promising that he keeps the offer open until Friday. on thur Do accepted the offer by a third party - sold the house to them. complainant brought an action for specific performance and breach of contract against D
what is rejection
done by the party to whom the offer is made, once rejected- offer ends
what must the rejected mean
clear rejection and not just a request for info
case links to rejection
Harvey v Facey
facts of harvey v facey 1893
H sent a telegram to F which stated: “will you sell us bumper hall pen? lowest cash price-answer paid”. F replied “lowest price for bumper hall pen £900”
H replied “we agree to buy bumper hall pen for the sum of £900 asked by you. send us your title deed in order that we may get early possession”
held for harvey v facey 1893
there was no contract concluded between parties. F had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for info no an offer. no evidence of intention that the telegram sent by F was to be an offer
what is a counter offer
reject the original offer and creates a new offer. new offer can be accepted or rejected
what case links to counter offer
Hyde v wrench 1840
facts for Hyde v Wrench 1840
D offered to sell C for £1000, counter-offered £950 but D refused. C offered £1000 but D refused. C sued for breach of contract.
held for Hyde v Wrench 1840
there was no contract as the original offer of £1000 was killed off by the counter-offer for £950
how do contract work in death
can be enforced against a dead person’s estate. but an offer made by a person who dies before the offer ends cannot be acceptance
what happen if the contract is a personal service
may not be enforceable as it would be impossible to complete
