Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Paper 3 > Formation Of Contract > Flashcards

Formation Of Contract Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Whats a unilateral contract

A

Only one of the two parties has an obligation to fulfil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Whats a bilateral contract

A

Both parties have an obligation to fulfil

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is an offer

A

A statement of terms upon which the person making the offer is willing to enter the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Whats an offeree

A

Person who the offer is made to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Whos the offeror

A

Person who makes the offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The words of the offer must be certaib

A

Words and phrases such as might be prepared to or may be able to are uncertain
If words are uncertain this is not an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the case for words must be certain

A

Gibson v MCC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who can make an offer

A

Anyone including individuals, businesses, notice or machine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the case for offer made by machine

A

Thornton v Shoe Lane Parking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How long does an offer last

A

Offers can only be accepted whilst open
Offer is open once communicated by the offeror
In some contracts time the offer is open will be specified if not courts decide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Whats the case for how long an offer lasts

A

Taylor v Laird

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the case for courts looking at the timing on a case by case basis

A

Stevenson v McLean

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

An offer or invitation to treat

A

Offers can be accepted
ITT cannot be accepted
ITT is an indication that the person is willing to negotiate a contract
ITT inviting people to make you an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Adverts

A

ITT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Case for adverts

A

Partridge v Crittenden

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Adverts can be an offer if

A

The words clearly state an offer is being made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the case for when an advert was an offer

A

Carlill v Carbolic Smokeball Co

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Shop window displays/ shop shelfs

A

ITT- sellers are not obliged to sell items
- alcohol
- medication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the case for shop window displays

A

Fisher v Bell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Auctions

A

ITT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Whats the case for auctions

A

BCA v Wright

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Request for further information

A

not an offer this is an enquiry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Whats the case for request for further info

A

Harvey V Facey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

How can an offer end

A

Revocation - withdraw at any time before acceptance (Dickinson v Dodds)
Rejection- if offer is rejected it will end (Stevenson v McLean)
Lapse of time- if the offer has a time limit
Death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Acceptance

A

Confirms that the terms of the offer are agreed
Once an offer is accepted there is a binding contract although there has to be consideration and itclr

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Acceptance must be

A

Positive, unqualified
Communicated to the offeror
Yes but yes if is not acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How is an offer accepted

A

Any form
Not silence
Offeror must be aware for it to be valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Whats the case for silence is not acceptance

A

Felthouse v Bindley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Case for you can specify how communication is to be communicated

A

Yates v Pulleyn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are mandatory instructions

A

Instructions the court decide are non negotiable
If these are not followed
Theres no contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are directory instructions

A

Instructions the court decide are not fundamental
If these are not followed there can still be a valid contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

When does acceptance take place

A

When communicated to the offeror

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Acceptance by conduct

A

Valid acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Whats the case for acceptance by conduct

A

Carlill v Carbolic Smokeball Co

35
Q

Acceptance by post

A

Postal rules are followed
Only apply to letters of acceptance

36
Q

What case was the postal rules established

A

Adams v Lindsell

37
Q

What are the postal rules

A
  1. Post must be the usual/ expected means of communication
  2. Letter must be properly addressed and stamped
  3. Offeree must be able to prove that the letter has been posted
38
Q

Electronic methods of communication

A

When the offeror is aware
During office hours

39
Q

Case for electronic methods of communication

A

Thomas v BPE solicitors

40
Q

Consideration

A

Means that both parties must give something

41
Q

What case defined consideration

A

Currie v Misa
‘Some right, interest, profit or benefit’ which is given to one party

42
Q

Consideration must be sufficient not adequate

A

Ensure both parties exchanged something of value
Consideration must be real
Courts will not intervene if one party made a bad bargain

43
Q

Case for consideration must be sufficient not adequate

A

Chappel v Nestlé

44
Q

Past consideration

A

Not valid consideration
No value if it occurred before the agreement

45
Q

Case for past consideration

A

Re McArdle

46
Q

Exceptions under past consideration

A

Implied promise
Important matter

47
Q

Case for implied promise

A

Re Caseys Patent

48
Q

Case for important

A

Lampleigh v Braithwaite

49
Q

Performing a pre existing duty

A

Not valid consideration

50
Q

Case for pre existing duty

A

Stilk v Myrick

51
Q

What are the exceptions for pre existing duty

A

Extra element
Other party avoids detriment

52
Q

Case for extra element

A

Hartley v Ponsonby

53
Q

Case for extra element

A

Williams v Roffey

54
Q

Intention to create legal relations

A

Can be express or implied

55
Q

Presumption in business agreements

A

There is ITCLR

56
Q

Rebuttal in business agreements

A

No ITCLR

57
Q

Presumption in social agreements

A

No ITCLR

58
Q

Rebuttal in social agreements

A

ITCLR

59
Q

Business or social agreement?

A

Where it is unclear the burden of proof lies with the claimant to prove ITCLR

60
Q

Business agreements

A

Presumed to be legally binding
Can be rebutted

61
Q

Binding in honour only

A

Not contractually enforceable

62
Q

Case for binding in honour

A

Jones v Vernons Pools

63
Q

Free gift/ prize

A

Can be legally binding

64
Q

Case for free prize

A

McGowan v Radio Buxton

65
Q

Letter of comfort

A

Not usually legally binding

66
Q

Case for letter of comfort

A

Kleinwort Benson Ltd v MMC

67
Q

Social agreements

A

Presumed to be non legally binding
Can be rebutted

68
Q

Cases for spouses

A

Balfour v Balfour- still married no ITCLR
Merritt v Merritt- seperated ITCLR

69
Q

Family agreements

A

Court has to assess whether this is social or one with legal intent

70
Q

Case for family agreements

A

Jones v Padvatton

71
Q

Lottery syndicates

A

Money paid likely to be a business

72
Q

Case for lottery syndicates

A

Simpkins v Pays

73
Q

Financial security at risk

A

Put own financial security at risk must have intended to be legally binding

74
Q

Case for financial security

A

Parker v Clarke

75
Q

Privity of contract original rule

A

Only those party to a contract are bound by it and can benefit

76
Q

What case was the concept of privitit set out in

A

Dunlop v Selfridge

77
Q

Exceptions to rule of privity

A

Collateral contract
Agency
Restrictive covenants
Statutory exceptions

78
Q

What are collateral contracts

A

Agreement which runs alongside main agreement

79
Q

Case for collateral contracts

A

Shanklin Pier v Detel

80
Q

Agency

A

Agent permitted to make a contract om behalf of another

81
Q

Restrictive covenant

A

Seller and purchaser can form an agreement regarding what can be done on land

82
Q

Case for restrictive covenant

A

Tulk v Moxhay

83
Q

Statutory exceptions

A

CRPTA 1999 modified rule of privity
Allows a third party to sue if
Contract states third party has rights S1(1)(a)
Attempt to confer a benefit to third party s1(1)(b)
Act wont apply if it appears parties did not intend 3rd contract to have rights
3rd party must be expressly identified

Law Paper 3 (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions