Contract - Uncertain terms and intention to create LR

Question 0

Foley v Classique Coaches

Answer 0

Vague terms with a provision establishing how they are to be clarified will be sufficiently certain.

Contract

Question 1

Hillas v Arcos

Answer 1

Previous dealings or customs of the trade can be used to clarify uncertain terms in contract

Contract formed

Question 2

Nicolene v Simmonds

Answer 2

Terms of little significance can be disregarded

Contract still enforceable and binding.

Question 3

RTS Flexible Systems Ltd

Answer 3

Part performance - indicates terms are sufficiently certain

Contract

Question 4

Scammell v Ouston

Answer 4

No contract as could not prove

• previous dealings or custom of trade
• no machinery agreed for clarification
• not a meaningless term
• no part performance
• no implied terms in statute.

“on hire purchase terms…”

Question 5

Balfour v Balfour

Answer 5

Rebuttable presumption in domestic and social context is that there is NO INTNETION to create legal relations

Question 6

Edwards v Skyways Ltd

Answer 6

Rebuttable presumption in commercial contexts is that there IS INTENTION to create legal relations

Question 7

Rose & Franks v Crompton & Bros

Answer 7

Can choose to exclude intention to create legal relations by additional clause

Question 8

Carlill v Carbonic Smoke Ball

Esso Petroleum Ltd

Answer 8

Advertisements and promotions have the rebuttable presumption that do have intention to create legal relations.

Was intention - business setting, business advantage to esso
No intnetion - subject matter was trivial (coins), of little value

Question 9

Gould v Gould

Answer 9

Use of vague words implies evidence of a lack of intention to enter into legal relations