Formation

Question 1

Offers are Firm and clear

Answer 1

Storer v Manchester City council

Question 2

Invitation to treat

Answer 2

Advertisements; invitation to offer

Partridge v Crittenden

Question 3

Supply of info or statement of intention are not binding

Answer 3

Harvey v Facey

Harris v Nickerson

Question 4

Unilateral Contract

Answer 4

Only one party has obligations from the outset;
Carlill v Carbolic smoke ball
Soulsburry v Soulsburry

Question 5

Revocation

Answer 5

Must be communicated to the Offeree

Byrne v Van tien Hoven

Question 6

Performance of Unilateral Contract

Answer 6

Once performance has begun then you can’t revoke

Errington v Errington

Question 7

Rejection

Answer 7

Either expressly or by counter offer

Hyde v Wrench

Question 8

Intention to create legal relations

Answer 8

Knowledge of offer and willingness to contract

Question 9

Cannot accept by silence

Answer 9

Felthouse v Bindley

Question 10

Postal Acceptance RUle

Answer 10

Acceptance takes place upon posting the letter in the Mail, not upon receiving the letter
Household fire Insurance v Grant

Question 11

Email Phones and Fax

Answer 11

Can accept by any of these three methods so long as the acceptance is firm and the email is signed.
Allianz Insurance v Aigaion

Question 12

Domestic Social relations

Answer 12

Presumed that domestic relations do not have an intention to create legal relations
Balfour v Balfour
Exception: Unless they show true actions of a contractual nature;
Parker v Clark

Question 13

Certainty: Contracts must be clear and certain

Answer 13

Essential terms must be sufficiently clear

May & Butcher v R

Question 14

Ambiguity

Answer 14

Raffles v Wickelhaus “the Peerless”

Question 15

Consideration must have some value in Law

Answer 15

If there is no consideration then there is no contract

Combe v Combe

Question 16

Consideration must move from the promisee, but not necessarily to the promisor

Answer 16

Offord v Davies

Question 17

Consideration needs to be sufficient but not adequate

Answer 17

The considerations must be of some economic value but need not be of sufficient value
Thomas v Thomas
Chappell v Nestle

Question 18

Past consideration is not good consideration

Answer 18

Roscorla v Thomas

Question 19

Past consideration can be good consideration if:

Answer 19

Pao On test:

1) Promisee performed act at Promisors request
2) Understanding that Promisee would be remunerated
3) if remuneration would have been legally enforceable had it been promised in advance

Question 20

Above and beyond a Legal Duty

Answer 20

Anything above and beyond a legal duty can constitute good consideration:
Glasbrook v Gamorgan City council

Question 21

Performance of an existing duty owed cannot be good consideration

Answer 21

A promise by the Promisor to complete an existing duty cannot usually constitute good consideration:
Stilk v Myrick

Question 22

Performance of an Existing duty can constitute good consideration if!:

Answer 22

Williams v Roffey Bros

1) A entered into contract with B for goods/services
2) Before A completes B has reasonable doubt that A can finish
3) B Promises A additional $ for A’s promise to perform contract on time
4) B obtains a practical Benefit
5) B’s promise not given b/c of Duress/fraud
6) Benefit to B is good consideration for B’s promise to $

Question 23

Part Payment of a debt is not good consideration for a promise to discharge whole debt

Answer 23

Foaks v Beers

Question 24

Promissory estoppel (estopped from going back on a promise)

Answer 24

1) A is contractually bond to perform service or Pay B
2) A is not able to perform
3) B agree’s to allow A to perform differently
4) I reliance on that promise A performs differently
5) B then sues for original performance and is stopped
High Trees