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(WED) Contract Law > Formation > Flashcards

Formation Flashcards

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Auction bid can be withdrawn anytime before hammer falling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
Dickinson v Dodds
Communication can be done by a reliable third party
26
Errington v errington & woods
Unilateral - once performance made Offeror cannot revoke
27
Ramsgate Victoria Hotel v Montefiore
Time lapsed can terminate an offer
28
Hyde v Wrench
Counter offer rejects original offer
29
Stevenson v McLean
Requesting information is not a counter-offer
30
Felthouse v Bindley
Acceptance must be communicated
31
Re McArdle
Work on mother in law house, reimbursements agreement, refuse on mothers death Past consideration is no consideration
32
Lampleigh v braithwaite
Obtain pardon, offer to pay but didn’t Exception -when both parties understand payment expected
33
Stewart v Casey
Exception Past consideration was GOOD consideration
34
Tweedle v Atkinson
Only person providing consideration can enforce promise Must move from promisee
35
Chappell v nestle
Chocolate wrappers considered good consideration Consideration need not be adequate
36
Halmer v Sidmay
Giving something up can be consideration
37
Ward v bymer
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
Yates v pulleyn
Option to purchase land in writing by recorded or registered post - regular invalid Specific method of communication of acceptance - others invalid
39
Adams v lindsell
Acceptance by post completed immediately after posted, even if lost or delayed Delayed 1818
40
Household fire insurance v grant
Acceptance by post valid as soon as letter posted Acceptance posted but never received
41
Howler securities v Hughes
Acceptance in writing - postal rule doesn’t apply Post rule expressly excluded
42
Brinkbon v staghag stahl
Telex received out of office hours Only effective when office open
43
Errington v errington
Unilateral - once performance made offeror cannot revoke
44
White v bluett
Must have real value
45
Collins v Godefroy
Police officer attend court as part of job, defendant offfered to pay - not enforceable Existing duty - not good consideration
46
Glasbrook bros v gladmorgan
Extra men good consideration - extra police protection Beyond normal duty
47
Stilk v myrick
Captain offers crew extra money to get them home Existing duty - no consideration
48
Hartley v posonby
Some of crew abandon, More dangerous, extra pay good consideration
49
Williams v roffey
Building work - penalty if late, bonus if on time Avoiding detriment - good consideration
50
Shadwell v Shadwell
Offered money to marry girl of uncles choice - did Existing contractual duty to third party - good consideration
51
Pinnels
Part payment of debt not good consideration to get rid of remaining debt
52
DC builders v rée
Reluctantly accepted part payment of debt in full satisfaction No consideration + extracted under pressure - can sue Part payment of cheque not good consideration
53
Foakes v beer
Agreed pay off debt in installments B demands interest - won No consideration for earlier agreement
54
Balfour v Balfour
Agreements of couple living together have no legal intentions
55
Merritt v Merritt
Parties separated therefore intentions presumed
56
Jones v padavatton
Mother gave d allowance to give up job + bought house, argue, seek repossession Second agreement not contractual - no intent
57
Simpkins v pays
Where money exchanged usually binding
58
Parker v Clarke
Young couple sell house, move in with old couple, agree inherit, argue, young couple asked to leave Giving up property legally binding
59
Wilson
Agreement to share lottery winnings Given intention
60
Rose and frank
Commercial presumption can only be rebutted with express terms
61
Sadler v Reynolds
Relations between commercial and social - onus on c to prove contractual intention
62
McGowan v radio Buxton
Prize of Renault car turned out to be toy Intention to create legal relations - liable
63
Edward v skyes
Commercial - attempt to avoid making ex-gratia payment failed
64
Esso petroleum v C&E
World Cup coins with every gallon of petrol Offer of free gifts to promote business can be legally binding
65
Jones v vernon pools
Classez upheld when lost winning coupon Clause said no legal relations
66
Kleinworth benson v Malaysian mining
Letter stating intentions to ensure didn’t run out of funds Letter no guarantee
67
Dunlop v selfridge
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
Jackson v horizon holidays
If third party valid, has access to all remedies of original parties

(WED) Contract Law (10 decks)

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