Level 6 Formation of Agreement Flashcards
Definition of a contract
Agreement Offer Consideration Intention to create legal relations Capacity Certainty Privity
Display of goods for sale is an invitation to treat
Pharmaceutical Society of Great Britain v Boots Chemists 1952
Advertisements are classified as an invitation to treat
Partridge & Critenden 1968
An advert may amount to an offer if certain criteria are met
Cartill v Carbolic Smoke Co 1893
Contract found to exist between contestants despite it not being easy to analyse offer and acceptance
Clarke v Earle of Dunraven 1893
Accepting offer on own terms (counter offer)
Butler machine tools v Ex-celt O Corp 1979
One party already performed. Sub contract not signed. Performed late. Still contract.
Trentham (G Percy) Ltd v Archital Luxfer Ltd 1993
Offer
A clear expression of willingness to enter a contract or certain specific terms without further negotiation
Acceptance
A final unqualified assent to all the terms of an offer.
Supreme Court found that a contract to exist without relying on an offer and acceptance analysis
RTS Flexible Systems Ltd c Malkerei Aloïs 2010
Counter offer is new offer & rejection of original offer.
Hyde & Wrench 1840
Ending an Offer
Acceptance Révocation Lapse of time Death Failure of a condition precedent Rejection
Lapse of time - offer for limited time period has expired
Ramsgate Victoria Hotel Co Ltd v Montefoire 1866
Withdraw if an offer before acceptance
Payne v Cave 1789
Request for information compared with counter offer
Stevenson Jaques & Co v. McLean 1880
