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(WED) Contract Law > Formation > Flashcards

Formation Flashcards

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1
Q

Bilateral contract

A

Promise by one party exchanged for a promise by another party

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2
Q

Unilateral contract

A

One party promises to do something in return for an act from the other party

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3
Q

Offer

A

Statement of willingness to contract on the specified terms, made with the intention that there will be a binding contract if accepted

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4
Q

Invitation to treat

A

Party inviting the other party to offers that the other party is free to accept/reject

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5
Q

Pharmaceutical society v boots

A

Contract formed when goods presented at desk not taken off shelf

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6
Q

Partridge v crittenden

A

Advertisement of price is an invitation to treat not offer

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7
Q

Invitations to tender

A

Can amount to an offer if that was the intention, but generally ITT
Harvela

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8
Q

Payne v cave

A

Auctioneer’s request for bids ITT

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9
Q

Sale of goods act 1979

A

Auction bid can be withdrawn anytime before hammer falling

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10
Q

Harris v Nickerson

A

Withdrawal of furniture auctioned - ITT

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11
Q

Barry v Heathcote Ball

A

Auction without reserve
Auctioneer withdrew and sold privately, claimant awarded damaged as a collateral contract between auctioneer and bidder

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12
Q

Fisher v Bell

A

Knife in shop window ITT

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13
Q

Harvey v Facey

A

Statement of minimum price is not an offer

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14
Q

Advertisement including unilateral offer

A

If advertisement indicates a course of action in return for which the advertiser makes promise to pay, then he is bound by promise
Carlill v carbolic choke ball co

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15
Q

Carlill v carbolic smoke ball co

A

Promise was an offer and accepted when she used it

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16
Q

Statement of price

A

Not a binding offer but other factors may indicate it is

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17
Q

Taylor v laird

A

Can’t accept if don’t know

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18
Q

Offer must be communicated to the offeree

A

Taylor v laird

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19
Q

Offeree must have knowledge of the offer to be valid and enforceable

A

Inland revenue v fry

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20
Q

Inland revenue v fry

A

No knowledge when cheque cashed, so no acceptable
Offeree must have knowledge of offer

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21
Q

Guthing v Lynn

A

Can’t be vague/not measurable

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22
Q

Routledge v Grant

A

Can withdraw any point before accepted
No consideration to keep offer open

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23
Q

Offeror must communicate withdrawal

A

Bryne v Van Tienhoven

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24
Q

Byrne v Van Tienhoven

A

Offeror muster communicate withdrawal
No withdrawal after acceptance
Postal rule doesn’t apply

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25
Q

Dickinson v Dodds

A

Communication can be done by a reliable third party

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26
Q

Errington v errington & woods

A

Unilateral - once performance made Offeror cannot revoke

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27
Q

Ramsgate Victoria Hotel v Montefiore

A

Time lapsed can terminate an offer

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28
Q

Hyde v Wrench

A

Counter offer rejects original offer

29
Q

Stevenson v McLean

A

Requesting information is not a counter-offer

30
Q

Felthouse v Bindley

A

Acceptance must be communicated

31
Q

Re McArdle

A

Work on mother in law house, reimbursements agreement, refuse on mothers death
Past consideration is no consideration

32
Q

Lampleigh v braithwaite

A

Obtain pardon, offer to pay but didn’t
Exception -when both parties understand payment expected

33
Q

Stewart v Casey

A

Exception
Past consideration was GOOD consideration

34
Q

Tweedle v Atkinson

A

Only person providing consideration can enforce promise
Must move from promisee

35
Q

Chappell v nestle

A

Chocolate wrappers considered good consideration
Consideration need not be adequate

36
Q

Halmer v Sidmay

A

Giving something up can be consideration

37
Q

Ward v bymer

A

Promised mother of illegitimate child money to “keep child happy and looked after” - no obligation - beyond normal duty - good consideration
Consideration needs to be value, can’t be feelingd

38
Q

Yates v pulleyn

A

Option to purchase land in writing by recorded or registered post - regular invalid
Specific method of communication of acceptance - others invalid

39
Q

Adams v lindsell

A

Acceptance by post completed immediately after posted, even if lost or delayed
Delayed 1818

40
Q

Household fire insurance v grant

A

Acceptance by post valid as soon as letter posted
Acceptance posted but never received

41
Q

Howler securities v Hughes

A

Acceptance in writing - postal rule doesn’t apply
Post rule expressly excluded

42
Q

Brinkbon v staghag stahl

A

Telex received out of office hours
Only effective when office open

43
Q

Errington v errington

A

Unilateral - once performance made offeror cannot revoke

44
Q

White v bluett

A

Must have real value

45
Q

Collins v Godefroy

A

Police officer attend court as part of job, defendant offfered to pay - not enforceable
Existing duty - not good consideration

46
Q

Glasbrook bros v gladmorgan

A

Extra men good consideration - extra police protection
Beyond normal duty

47
Q

Stilk v myrick

A

Captain offers crew extra money to get them home
Existing duty - no consideration

48
Q

Hartley v posonby

A

Some of crew abandon,
More dangerous, extra pay good consideration

49
Q

Williams v roffey

A

Building work - penalty if late, bonus if on time
Avoiding detriment - good consideration

50
Q

Shadwell v Shadwell

A

Offered money to marry girl of uncles choice - did
Existing contractual duty to third party - good consideration

51
Q

Pinnels

A

Part payment of debt not good consideration to get rid of remaining debt

52
Q

DC builders v rée

A

Reluctantly accepted part payment of debt in full satisfaction
No consideration + extracted under pressure - can sue
Part payment of cheque not good consideration

53
Q

Foakes v beer

A

Agreed pay off debt in installments
B demands interest - won
No consideration for earlier agreement

54
Q

Balfour v Balfour

A

Agreements of couple living together have no legal intentions

55
Q

Merritt v Merritt

A

Parties separated therefore intentions presumed

56
Q

Jones v padavatton

A

Mother gave d allowance to give up job + bought house, argue, seek repossession
Second agreement not contractual - no intent

57
Q

Simpkins v pays

A

Where money exchanged usually binding

58
Q

Parker v Clarke

A

Young couple sell house, move in with old couple, agree inherit, argue, young couple asked to leave
Giving up property legally binding

59
Q

Wilson

A

Agreement to share lottery winnings
Given intention

60
Q

Rose and frank

A

Commercial presumption can only be rebutted with express terms

61
Q

Sadler v Reynolds

A

Relations between commercial and social - onus on c to prove contractual intention

62
Q

McGowan v radio Buxton

A

Prize of Renault car turned out to be toy
Intention to create legal relations - liable

63
Q

Edward v skyes

A

Commercial - attempt to avoid making ex-gratia payment failed

64
Q

Esso petroleum v C&E

A

World Cup coins with every gallon of petrol
Offer of free gifts to promote business can be legally binding

65
Q

Jones v vernon pools

A

Classez upheld when lost winning coupon
Clause said no legal relations

66
Q

Kleinworth benson v Malaysian mining

A

Letter stating intentions to ensure didn’t run out of funds
Letter no guarantee

67
Q

Dunlop v selfridge

A

Bought tyres from d, agree not to sell below certain price, sell to s , s sell for less
Third person not party to contract cannot be sued

68
Q

Jackson v horizon holidays

A

If third party valid, has access to all remedies of original parties

(WED) Contract Law (7 decks)

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