contract law

Question 1

what is contract law based on

Answer 1

promises, agreement the law will enforce only a party who made the contract can enforce

Question 2

what’s the main statutes in contract law

Answer 2

sale of goods act 1979 and consumer rights act 2015

Question 3

what is the common of contract law

Answer 3

case law is where law began as long ago as cases like Pinnel’s case 1602

Question 3

what does free of contract refer to

Answer 3

to the principle that individuals should have the liberty to enter into lawful

Question 4

what is the starting point for any contract

Answer 4

an offer

Question 5

what is important to distinguish what

Answer 5

between an offer and a statement preparatory to an offer

Question 6

case that links to an offer

Answer 6

payne v cave 1787

Question 7

what does it mean by invitation to treat

Answer 7

party made an expression of willingness to negotiate

Question 8

case that links to invitations to treat

Answer 8

pharmaceutical society of GB v boots cash chemists (southern) Ltd

Question 8

what is the general rule of advertisements

Answer 8

typically abt sellers and shops… merely invites people to look at the goods

Question 9

who commences a contract

Answer 9

the seller to the people by offering to buy. but there are expectations to the rule, like vending machines

Question 10

case that links to expectations in advertisements

Answer 10

thornton v shoe lane parking 1971

Question 11

what is another expectation of advertisement

Answer 11

providing info, does not amount to an offer- Harvey v Facey 1893

Question 12

why is a statement not an offer

Answer 12

bc if there is no definite in terms of use

Question 13

what case links to a statement is not an offer if it is not definite in terms it uses

Answer 13

Gibson v Manchester city council 1979

Question 14

facts of Gibson v Manchester city council 1979

Answer 14

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%”

Question 15

held of Gibson v Manchester city council 1979

Answer 15

the court said this reply was an invitation to treat and not an offer bc of the word ‘may’

Question 16

what is revocation

Answer 16

‘the rescinding, annulling or withdrawal of an offer’

Question 16

how is revocation done

Answer 16

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

Question 17

what case links to revocation

Answer 17

Routledge v Grant 1828

Question 17

facts of Routledge v Grant 1828

Answer 17

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

Question 18

held for Routledge v Grant 1828

Answer 18

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.

Question 19

with revocation what else can be implied

Answer 19

actions

Question 20

what case links to revocation can implied by actions

Answer 20

Dickinson v Dodds 1876

Question 21

held for Dickinson v Dodds

Answer 21

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

Question 21

facts of Dickinson v Dodds 1876

Answer 21

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

Question 22

what is rejection

Answer 22

done by the party to whom the offer is made, once rejected- offer ends

Question 23

what must the rejected mean

Answer 23

clear rejection and not just a request for info

Question 24

case links to rejection

Answer 24

Harvey v Facey

Question 25

facts of harvey v facey 1893

Answer 25

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"

Question 26

held for harvey v facey 1893

Answer 26

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

Question 27

what is a counter offer

Answer 27

reject the original offer and creates a new offer. new offer can be accepted or rejected

Question 28

what case links to counter offer

Answer 28

Hyde v wrench 1840

Question 29

facts for Hyde v Wrench 1840

Answer 29

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.

Question 30

held for Hyde v Wrench 1840

Answer 30

there was no contract as the original offer of £1000 was killed off by the counter-offer for £950

Question 31

how do contract work in death

Answer 31

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

Question 32

what happen if the contract is a personal service

Answer 32

may not be enforceable as it would be impossible to complete