FINAL EXAM: CONTRACT Flashcards
case: carlill v. carbolic smoke ball co.
general offer
— the defendant advertised that they would offer £100 to anyone who still succumbs to influenza after using the company’s medicine. the plaintiff consumed the medicine according to instructions nevertheless contracted influenza
— the court held that the advertisement had created binding obligation
case: boulton v. jones
specific offer
— jones refused to pay the goods supplied when he discovered that boulton had taken over the business of brocklehurst without his knowledge
— the court held that jones is not liable to pay since he intended to contract with brocklehurst not boulton
case: r v. clarke
communication of offer
— clarke was arrested and charged with murder. the information he gave to the police help them to catch another culprit. clarke later learnt that the police offer reward and tried to claim it but failed
case: harris v. nickerson
ITT advertisement
— the defendant advertised sale of goods on certain dates at a particular place. the plaintiff went and discovered the goods are withdrawn. the plaintiff sued claiming the damages for breach of contract
— the court rejected as the advertisement is merely an ITT
case: pharmaceutical society of great britain v. boots cash chemists ltd
ITT display of goods
— the plaintiff alleged that the sale was complete when the customer took goods from shelf and put it into his basket
— the court held that the contract was concluded at the cash desk where customer make offer to buy and cashier accept to sell the goods.
case: harvey v. facey
ITT price list
— B replied to A telegraphed that the lowest price of his land is £900. A claim the exchange of telegrams constituted a valid contract.
— the court held that there was no contract as B was merely supplying information to A
case: entores ltd. v. miles far east corp
exceptions to communication under acceptance
— when a contract is made by post, the acceptance is complete as soon as the letter is put into the post box
case: ignatius v bell
exceptions communication
— the defendant offered to sell his land but the acceptance must be made before 20/8
— the plaintiff sent his letter on 16/8 but it reached the defendant on 25/8
— the court held that there was acceptance when the letter was posted on 16/8
case: Nash v. Inman
necessaries exceptions for age of majority legal capacity
— the plaintiff supplied the defendant, a student, clothing worth £145. his father also had supplied the defendant with proper clothes
— the court held that the clothing supplied by plaintiff were not necessary
case: Doyle v. White City Stadium
Apprenticeship exceptions for age of majority legal capacity
— the plaintiff a minor was a professional boxer. he agreed to be bound by the rules “if he is disqualified from the tournament, he would lose the price money” he was then disqualified
— the contract is binding and the plaintiff lost the price money
case: kannaya lal v. national bank of india
coercion in free consent
— plaintiff was entitled to recover money paid as a consequence of coercion caused by the wrongful interference of the defendant
case: allcard v. skinner
undue influence
— miss allcard surrender all her property because she was required as a member sister of poor. when she left she tried to recover her money back six years later
— the court held that if she had sued at an earlier date she would have succeeded
