Contract law-Essential requirements of a contract

Question 1

The four main requirements to a contract are…

Answer 1

-Offer
-Acceptance
-Consideration
-Intention for legal relations
-Privity?

Question 2

What is the main landmark case for all of contract law?

Answer 2

Gibson V Manchester Council
(An offer is a proposal or willingness to contract on firm and certain terms )
OR
Carlil v smoke ball- established requirements for legally binding contract.

Question 3

What are the examples of an invitation to treat?

Answer 3

-Display of goods
-Auctions
-Advertisements
-Tenders
-Mere statements of price

Question 4

For invitations to treat>display of goods what case can I use?

Answer 4

Fisher V Bell
Flickknives were for display and simply an invitation to treat and not an offer for sale.

Question 5

For contract law>invitation to treat what is the case for auctions?

Answer 5

BRITISH CAR AUCTIONS V WRIGHT
-They sold a car in a unroadworthy condition
- under the Road Traffic Act 1972 it was an offence to sell such a vehicle
- the appellants were charged with offering for sale a vehicle in such a condition
- they were convicted in the Magistrates’ Court, they appealed

The offence is to sell, not to have an invitation to treat.
AUCTIONS ARE ITT

Question 6

For contract law>invitation to treat what is the case for advertisements?

Answer 6

Carlil V Smoke Ball
The COA held that Mrs Carlill was entitled to the reward as the advert was an offer of a unilateral contract which she had accepted by performing the conditions stated in the offer.
Pattridge v crinnenden-
Advertised wild bird for sale. not guilty because advert=invite to treat by court

Question 7

For ((contract law->invitation to treat-> advertisements)) the case of (Thornton v shoe lane parking) told us..

Answer 7

Anyone can make an offer, even a machine.

Question 8

Essential requirements of a contract>offer is

Answer 8

An offer is a proposal or willingness to contract on firm and certain terms

Question 9

Essential requirements of a contract>ITT is

Answer 9

An invitation to treat is an indication that one person is willing to negotiate a contract, but that he or she is not yet willing to make an offer (the terms are not firm and certain)

Question 10

Essential requirements of a contract>ITT example is

Answer 10

Pattridge v crittenden>advertisement for bird was an invitation to treat,NOT offer

Question 11

Examples of inviations to treat

Answer 11

-An advertisement (pattridge v crittenden)
-a Request for information (Harvey v facey) asked ab farm lowest price
-Goods on a store shelf/window (fisher v bell)
-Goods in supermarket shelf (pharmaceutical GB v boots)

Question 12

Who can make an offer?

Answer 12

An offer can be made by anyone. individual, business or organisation.
(Thornton v Shoe Lane Parking)
money into a machine and was given a ticket at the entrance to a car park. The offer was made by the machine on behalf of the company owning the car park. The acceptance of the offer was made by putting the money into the machine.
An offer can be by anyone. Offers can additional be made through a notice or a machine

Question 13

Offers can be made to…

Answer 13

An individual (gibson v man city council)
A group
The world (carlile v carbolic smoke ball)