Contractual agreement

Question 0

Partridge v Crittenden

Answer 0

advertisements amount to an invitation to treat

Question 1

Smith v Hughes / The Leonidas

Answer 1

The intention (to contract on certain terms) is determined objectively, from the point of view of a reasonable third person

Question 2

Carlill v Carbolic Smoke Ball

Answer 2

if a reward is advertised for the performance of a specified act, the advertisement will constitute a unilateral offer

Question 3

Fisher v Bell

Answer 3

the display of goods in a shop window amounts to an invitation to treat

Question 4

Harvela v Royal Trusts

Answer 4

Promise to accept the most competitive bid constitutes an offer. This offer is accepted by submitting the highest bid

Question 5

Blackpool Aero Club v Blackpool CC

Answer 5

Contractual obligation to consider tender which conform to the bid conditions.
Loss of chance is recoverable type of loss

Question 6

Harris v Nickerson

Answer 6

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

Question 7

Barry v Davies

Answer 7

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

Question 8

Routledge v Grant

Answer 8

A gratuitous promise to keep an offer open is not binding

Question 9

Mountford v Scott

Answer 9

promise to keep offer open held to be binding as valid consideration was provided

Question 10

Byrne v Von Tienhoven

Answer 10

Revocation of the offer must be communicated to the offeree

Question 11

The Brimnes

Answer 11

A notice sent during normal business hours is deemed to be effective upon receipt

Question 12

Dickinson v Dodds

Answer 12

revocation may be communicated by a reliable third party

Question 13

Errington v Errington

Answer 13

Offers of unilateral contracts cannot be revoked after performance of the relevant act has started

Question 14

Hyde v Wrench

Answer 14

counter offer is a rejection of the original offer

Question 15

Stevenson v McLean

Answer 15

A request for further information does not destroy the original offer

Question 16

Butler v Ex-Cell-O

Answer 16

Battle of the forms, tear off slip case

Question 17

Brogden v Metropolitan Railway

Answer 17

Battle of the forms, last shot wins case

Question 18

Entores v Miles

Answer 18

acceptance must be communicated

Question 19

Powell v Lee

Answer 19

acceptance must be communicated by either the offeree or his agent

Question 20

Felthouse v Bindley

Answer 20

As a general rule, silence is no acceptance

Question 21

Re Selectmove

Answer 21

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)

Question 22

Adams v Lindsell

Answer 22

a letter of acceptance which is posted is complete on posting and the contract will be formed at that point

Question 23

Holwell Securities v Hughes

Answer 23

postal rule can be excluded expressly or impliedly

Question 24

Balfour v Balfour

Answer 24

In domestic and social relations will be presumed there not to be intention to create legal relation

Question 25

Edwards v Skyways

Answer 25

In commercial agreements intention to create legal relations will be presumed

Question 26

Currie v Misa

Answer 26

consideration can either be a benefit to the person receiving it or a detriment to the person giving it

Question 27

Chappel v Nestle

Answer 27

Consideration must be sufficient. Consideration need not be adequate. Sufficient=must have some value

Question 28

Roscorla v Thomas

Answer 28

Past consideration is not sufficient

Question 29

Re Casey

Answer 29

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

Question 30

Collins v Godefray

Answer 30

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

Question 31

Scotson v Pegg

Answer 31

Promise to perform a contractual obligation owed to a third party is good consideration

Question 32

Stilk v Myrick

Answer 32

Promise to perform an existing contractual duty owed to the other party is no good consideration

Question 33

Hartley v Ponsanby

Answer 33

Promise to perform an existing contractual duty owed to the other party is good consideration IF the duty is exceeded

Question 34

Williams v Roffey

Answer 34

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

Question 35

Foakes v Beer

Answer 35

part payment of a debt is no consideration for the promise to forgo the balance due

Question 36

Pinnel’s Case

Answer 36

Exception to the rule on part payment of a debt is that early repayment, or payment with something different, constitutes good consideration

Question 37

Central London Property Trust v High Trees

Answer 37

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

Question 38

Combe v Combe

Answer 38

promissory estoppel can only be used as a defence

Question 39

DC Builders v Rees

Answer 39

For the doctrine of promissory estoppel to apply, it must be inequitable for the promisor to go back on his promise