Formation Of Contract Flashcards
Offer
Uncertainty is Invitation to treat
Offer can be to named individual
Gibson v Manchester City Council
Offer
Advertisements are usually Invitations to treat
Partridge v Crittenden
Offer
Exception to ads are ITTs
Example if unilateral contract
Invitation to world
Carlill v Carbolic Smokeball
Offer
Display of goods is an invitation to treat
Fisher v Bell
Offer
A request for info is not an offer
Harvey v Facey
Offer
Anyone can make an offer
Thornton v Shoe Lane Parking
Offer
Begins when communicated
Taylor v Laird
Offer
Timing may be critical
Stevenson v McLean
Offer
Revocation
Routledge v Grant
Offer
Revocation
Communicated indirectly
Dickinson v Dodds
Offer
Rejection
Counter offer is also rejection
Hyde v Wrench
Offer
Lapse of time
A reasonable time
Ramsgate Victoria Hotel v Montefiore
Acceptance
Must be positive
Felthouse v Bindley
Acceptance
Mandatory requirements and directory requirements
Yates v Pulleyn
Acceptance
By conduct
Reviell v Anotech
Acceptance
By post
Adams v Linsell
Acceptance
By electronics
Thomas and Gander v BPE Solicitors
Consideration
Need not be adequate but must be sufficient
Concerned with bargains not gifts
Chappell v Nestle
Consideration
Need not be adequate but must be sufficient
Does not need to be equal
Thomas v Thomas
Consideration
Need not be adequate but must be sufficient
Sufficient means having some economic value
Ward v Byham
Consideration
Past Consideration is no Consideration
Re McArdle
Consideration
Past Consideration is no Consideration
Exception when a promisor requests a task and there is an understanding it will be payed for
Re Casey’s Patent
Lampleight v Braithwait
Consideration
Must move from the promisee
Tweddle v Atkinson
Consideration
Performing a pre-existing duty cannot be consideration for a new contract
Collins v Godefroy
Consideration
Performing a pre-existing duty cannot be consideration for a new contract
However if there is something extra it is
Glasbrook Bros v Glamorgan County Council
Consideration
Performing a pre-existing duty cannot be consideration for a new contract
However if there is practical benefit from them to other party
Williams v Roffey
Consideration
A promise to accept part payment of an existing debt in place of whole debt is not consideration
Foakes v Beer
Consideration
A promise to accept part payment of an existing debt in place of whole debt is not consideration
Promissory Estoppel
Central London Property Trust v High Trees House
Consideration
A promise to accept part payment of an existing debt in place of whole debt is not consideration
Promissory Estoppel Limitations
D and C Builders v Rees
