Contract Law - Agreements Flashcards

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1
Q

Pharmaceutical society v boots chemist

A

Goods in a shop are invitations to treat

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2
Q

Fisher v bell

A

Shop goods in a window are invitations to treat

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3
Q

Partridge v cruttenden

A

Advertisements are generally invitations to treat

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4
Q

Carlill v carbolic smoke ball

A

Offer promising something in return for performance is a unilateral offer

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5
Q

Thornton v shoe lane parking

A

Car park, paying cash machine is acceptance of an offer

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6
Q

Taylor v laird

A

Offer must be communicated

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7
Q

Hyde v wrench (termination of offer)

A

Counter offer supersedes the original offer

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8
Q

Ramsgate hotel v montefiore

A

Lapse of time terminates an offer

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9
Q

Dickinson v Dodds

A

Revocation of an offer terminates it (as long as before acceptance)

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10
Q

Sudbrook v eggleton

A

Acceptance must mirror the offer

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11
Q

Felthouse v bindley

A

Acceptance must be communicated

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12
Q

Hyde v wrench

A

Acceptance must be unconditional

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13
Q

Stevenson v mclean

A

Request for further info isn’t a counter offer

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14
Q

Butler machine v excell

A

Battle of the forms, the most recent form will be binding

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15
Q

Carlill v carbolic smoke ball (acceptance)

A

Acceptance can be acceptance by conduct

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16
Q

Adam’s v lindsall

A

Established the postal rule (acceptance when posted not received)

17
Q

Holwell securities v hughes

A

‘Notice in writing’ changed the rule so it’s acceptance when received

18
Q

Byrne v van tienhoven

A

Withdrawal of an offer after acceptance is not a valid withdrawal

19
Q

Entores v miles

A

Acceptance electronically is when it arrives

20
Q

Brinkibon v stahag stahl

A

Out of office hours acceptance can be the next working day

21
Q

Currie v misra

A

Consideration is ‘benefit and detriment’

22
Q

Dunlop v selfridge

A

Defined consideration

23
Q

Chappell v nestle

A

Consideration need not be of economic value

24
Q

Ward v byham

A

Consideration must be sufficient

25
Q

Thomas v Thomas

A

Consideration need not be adequate

26
Q

Remcardle

A

Past consideration is no consideration

27
Q

Rescorla v Thomas

A

Past consideration is no consideration

28
Q

Tweddle v Atkinson

A

Consideration must move from claimant

29
Q

Stilk v myrick

A

Existing duties are not new consideration

30
Q

Lampleigh v braithwaite

A

Prior understanding between parties then past consideration is valid

31
Q

Tweddle v Atkinson (privity)

A

3rd party can’t claim

32
Q

S1(1)a right of a third party

A

Contract allows them to

33
Q

S1(1)b rights of a third party

A

Contract is intended to confer a benefit