Contractual Interpretation Flashcards
Blue v Ashley 2017
- Mike Ashley and claimants were in a pub drinking and joking stated that he would pay 15 mil
- Judge ruled it was a joke and not legally enforceable
no intention to create legal relations as it was in a pub with drinks and joking
Balfour v Balfour
Husband said he would pay £30 a month to his wife whilst he was away
- once they split up wife still expected that 30 a month
court ruled that those agreements between husband and wife are not contracts and no intention to create legal relations
rules for Acceptance of contracts: “offers”
Acceptance is effective only once the person has completed it not when the person begins the act
rules of an invitation to treat (ITT)
It is NOT an offer just a willingness to enter negotiations
Rules about Offers : Car example
Harvey v Facey
A :asks what is lowest price for your car
B:The price is 500
A: Ok I agree to buy car for 500
there is no contract here
Have to state something like “ I will sell you my car for 500”
Rules about Counter Offers (CO)
A (CO) is a rejection of the original offer and it extinguishes the original offer so you cannot go back to accept to the original offer
