Contractual agreement Flashcards
Partridge v Crittenden
advertisements amount to an invitation to treat
Smith v Hughes / The Leonidas
The intention (to contract on certain terms) is determined objectively, from the point of view of a reasonable third person
Carlill v Carbolic Smoke Ball
if a reward is advertised for the performance of a specified act, the advertisement will constitute a unilateral offer
Fisher v Bell
the display of goods in a shop window amounts to an invitation to treat
Harvela v Royal Trusts
Promise to accept the most competitive bid constitutes an offer. This offer is accepted by submitting the highest bid
Blackpool Aero Club v Blackpool CC
Contractual obligation to consider tender which conform to the bid conditions.
Loss of chance is recoverable type of loss
Harris v Nickerson
An advertisement that an auction is to be held is not an offer to hold it and a request for bids at an auction is generally no more than an invitation to treat
Barry v Davies
The promise that the auction will be without reserve constitutes a unilateral offer. The unilateral offer is accepted by the highest bona fide bidder at the auction
Routledge v Grant
A gratuitous promise to keep an offer open is not binding
Mountford v Scott
promise to keep offer open held to be binding as valid consideration was provided
Byrne v Von Tienhoven
Revocation of the offer must be communicated to the offeree
The Brimnes
A notice sent during normal business hours is deemed to be effective upon receipt
Dickinson v Dodds
revocation may be communicated by a reliable third party
Errington v Errington
Offers of unilateral contracts cannot be revoked after performance of the relevant act has started
Hyde v Wrench
counter offer is a rejection of the original offer
Stevenson v McLean
A request for further information does not destroy the original offer
Butler v Ex-Cell-O
Battle of the forms, tear off slip case
Brogden v Metropolitan Railway
Battle of the forms, last shot wins case
Entores v Miles
acceptance must be communicated
Powell v Lee
acceptance must be communicated by either the offeree or his agent
Felthouse v Bindley
As a general rule, silence is no acceptance
Re Selectmove
Silence can constitute acceptance when the offeree bound himself by silence (e.g. by saying ‘if you don’t hear from me, assume I accept your offer)
Adams v Lindsell
a letter of acceptance which is posted is complete on posting and the contract will be formed at that point
Holwell Securities v Hughes
postal rule can be excluded expressly or impliedly
Balfour v Balfour
In domestic and social relations will be presumed there not to be intention to create legal relation
Edwards v Skyways
In commercial agreements intention to create legal relations will be presumed
Currie v Misa
consideration can either be a benefit to the person receiving it or a detriment to the person giving it
Chappel v Nestle
Consideration must be sufficient. Consideration need not be adequate. Sufficient=must have some value
Roscorla v Thomas
Past consideration is not sufficient
Re Casey
Past consideration is sufficient if (a) the act has been made at the promisor’s request (b) the parties understood from the outset that the act was to be rewarded in some way (c) payment must have been legally enforceable if it had been promised in advance
Collins v Godefray
As a basic rule, performance of a duty imposed by law is no good consideration. Consider however Ward v Byham, Williams v Williams, Glasbrooks v Glamorgan
Scotson v Pegg
Promise to perform a contractual obligation owed to a third party is good consideration
Stilk v Myrick
Promise to perform an existing contractual duty owed to the other party is no good consideration
Hartley v Ponsanby
Promise to perform an existing contractual duty owed to the other party is good consideration IF the duty is exceeded
Williams v Roffey
Promise to perform an existing contractual duty owed to the other party is good consideration IF the other party receives a practical or commercial benefit and there is no duress or fraud
Foakes v Beer
part payment of a debt is no consideration for the promise to forgo the balance due
Pinnel’s Case
Exception to the rule on part payment of a debt is that early repayment, or payment with something different, constitutes good consideration
Central London Property Trust v High Trees
A promise intended to be binding, intended to be acted upon and in fact acted upon, is binding so far as its terms properly apply
Combe v Combe
promissory estoppel can only be used as a defence
DC Builders v Rees
For the doctrine of promissory estoppel to apply, it must be inequitable for the promisor to go back on his promise
