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Contract Case law cilex L6 > Lv 6 > Flashcards

Lv 6 Flashcards

Contracts

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1
Q

Unilateral contracts, Offer v Invitation to treat,

A

Carlill V Carbolic Smoke

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2
Q

Invitation to treat Adverts

A

Partridge V Crittenden

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3
Q

Invitation to treat - Auctions Bid is invitation

A

Payne V Cave

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4
Q

Invitation to treat – Goods on a shelf

A

Boots V Pharmacutical soc

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5
Q

Invitation to treat – Tenders

A

Spencer V Harding

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6
Q

Invitation to treat – Letter contained no price

A

Gibson V Manchester CC

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7
Q

Offer – vending machine

A

Thornton V Shoe lane parking

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8
Q

Offer – Auctions without reserve

A

Barry V Davies

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9
Q

Offer -Battle of forms last one wins

A

Butler Machine V Excell

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10
Q

Offer & Acceptance not clear – Third Party (triangle)

A

Clarke V Dunraven

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11
Q

Offer Conduct made binding agreement

A

RTS Flexible V Molkeri

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12
Q

Offer Battle of forms – Performance covers pre contract performance

A

G Percy V Archital Luxfer

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13
Q

Acceptance Communication – Must be communicated

A

Taylor V Laird

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14
Q

Acceptance Motivation is irrelevant

A

Williams V Carwardine

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15
Q

Acceptance Postal Rule

A

Adams V Linsell

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16
Q

Acceptance General Rule

A

Brinkbon

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17
Q

Acceptance Silence is not acceptance

A

Felthouse V Bindley

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18
Q

Postal Revocation

A

Byrne V Van Tienhoven

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19
Q

Revocation General written communication

A

Henton V Fraser

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20
Q

Revocation Verbal communication thru 3rd party

A

Dickinson V Dodds

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21
Q

Revocation of Unilateral contracts Before undertaking

A

Shuey V US

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22
Q

Revocation Offer not able to be revoked as performance started

A

Errington V Errington

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23
Q

Ending an offer Lapse of time

A

Ramsgate hotel V Monitfore

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24
Q

Ending an offer Failure of a condition

A

Financing Ltd V Stimson

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25
Q

Ending an offer Qualified acceptance counter offer

A

Hyde V Wrench

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26
Q

Ending an offer Request for info not counter offer

A

Stevenson V Mclean

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27
Q

Consideration

A

Currie V Misa

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28
Q

Consideration

A

Dunlop Tyres V Selfridges

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29
Q

Consideration Must move from the promise

A

Tweddle V Atkinson

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30
Q

Consideration Must be of value

A

White V Bluett

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31
Q

Consideration Must be of value but need not be adequate

A

Chappell V Nestle

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32
Q

Consideration Must not be in the past

A

Re Mcardle

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33
Q

Consideration Cant be existing public duty

A

Collins V Godefroy

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34
Q

Consideration Public Duties performed in excess of existing duties

A

Glasbrook Bros V Glamorgan CC

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35
Q

Consideration Public Duties performed in excess of existing duties

A

Leeds FC V West Yorks Chief cons

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36
Q

Consideration Pre existing contractual duty

A

Stilk V Myrick

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37
Q

Consideration Contractual Duties performed in excess of existing duties

A

Hartley V Ponsenbery

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38
Q

Consideration Fresh Consideration

A

Williams V Roffet Bros

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39
Q

Consideration Pre existing duties to third party (triangle)

A

Scotson V Pegg

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40
Q

Consideration Pre existing duties to third party (triangle)

A

The Eurymedon

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41
Q

Consideration Cannot be for a lesser amount unless goods/ diff place

A

Pinnels case

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42
Q

Consideration Payment by third party of lesser amount is F&F

A

Hirachand V Temple

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43
Q

Legal Relations Social and domestic husband and wife No

A

Balfour V Balfour

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44
Q

Legal Relations Social and domestic husband and wife – Yes

A

Merritt V Merritt

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45
Q

Legal Relations Social and domestic Children -No

A

Jones V Padavatton

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46
Q

Legal Relations Other social – No

A

Wilson V Burnett

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47
Q

Legal Relations Other social – yes

A

Simpkin V Pays

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48
Q

Legal Relations Commercial – No Honorable pledge

A

Rose & Frank V JR Crompton

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49
Q

Legal Relations Statutory duty no contract

A

W V Essex CC

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50
Q

Privity Third party cannot claim

A

Tweddle V Atkinson

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51
Q

Privity Third party cannot claim

A

Dunlop Tyres V Selfridges

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52
Q

Privity Third party cannot claim

A

Beswick V Beswick

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53
Q

Express TermsMere Puffs

A

Carlill V Carbolic smoke

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54
Q

Express Terms Misrepresentation and timing , Reduction to writing

A

Routledge V Mckay

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55
Q

Express Terms Importance of the term

A

Bannerman V White

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56
Q

Express Terms Importance of the term

A

Birch V Paramount

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57
Q

Express Terms Special Knowledge yes

A

Bently V Harold Smith Motors

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58
Q

Express Terms Special Knowledge – No

A

Oscar Chess V Williams

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59
Q

Implied Terms ( Court) Officious bystander -Yes

A

Shirlaw V Souther Founderies

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60
Q

Implied Terms ( Court) Officious bystander –Yes

A

Marks & Spencer V BNP

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61
Q

Implied Terms ( Court) Officious bystander –Yes

A

AG Belize B Belize telecom

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62
Q

Implied Terms ( Court) Officious bystander –Yes

A

Morrcock

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63
Q

Implied Terms ( Court) Officious bystander – no not aware

A

Spring V National amalgamated Dockers

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64
Q

Implied Terms ( Court) Officious bystander Both parties would not agree

A

Shell V Lostock Garagre

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65
Q

Implied Terms (Common law) Any term implied by court becomes term of all same contracts

A

Liverpool CC V Irwin

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66
Q

Implied By statue Business to business (not digital)

A

Sales of Goods Act
Supply of goods & Services
Consumer rights act

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67
Q

Implied By statue Business to Business (Not digital)

A

Supply of goods & Services

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68
Q

Implied By statue Business to Consumer ( inc Digital)

A

Consumer rights act

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69
Q

Implied by Custom Local custom or trade

A

Hutton V Warren

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70
Q

Conditions/Warranties/inominate terms Condition

A

Poussard V Spire and Pond

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71
Q

Conditions/Warranties/inominate terms Warranty

A

Bettini V Gye

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72
Q

Conditions/Warranties/inominate terms Innominate term

A

Hong kong fir V Kawasaki

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73
Q

Incorporating terms exclusion clauses Signed is incorporated

A

Lstrange V Graucob

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74
Q

Incorporating terms exclusion clauses Not signed but brought to attention

A

Parker V South Eastern Railway

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75
Q

Incorporating terms exclusion clauses Not signed but brought to attention

A

Thompson V London midland and Scottish rail

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76
Q

Incorporating terms exclusion clauses Not signed not brought to attention

A

Chapelton V Barry Council

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77
Q

Incorporating terms exclusion clauses Onerousness of the clause./Time made aware- No

A

Thornton V Shoe lane

78
Q

Incorporating terms exclusion clauses Time made aware – No

A

Olley V Malborough Hotel

79
Q

Incorporating terms exclusion clauses Previous dealings- yes

A

Spurling V Bradshaw

80
Q

Incorporating terms exclusion clauses Consistant prev dealings

A

McCucheon V Macbrayne

81
Q

Incorporating terms exclusion clauses Number of dealings V Time frame

A

Hollier V Rambler

82
Q

Exclusion clause failure Condition of goods must match contract

A

Andrews V Singer

83
Q

Exclusion clause failure Ambiguous wording

A

White V John Warwick

84
Q

Exclusion clause failure Misrepresentation

A

Curtis V Chemical Cleaning

85
Q

Misrepresentation False by silence

A

Spice Girls V Aprilla

86
Q

Misrepresentation False by half truth/ Third party statement

A

Webster V Liddington

87
Q

Misrepresentation False by change of circumstances

A

With V O’flanningan

88
Q

Misrepresentation Statement of opinion no skill

A

Bisset V Wilkinson

89
Q

Misrepresentation Statement of intent broken

A

Edington V Fizmaurice

90
Q

Misrepresentation Unaware of misrepresentation

A

Horsefell V Thomas

91
Q

Misrepresentation Did not reply on misrepresentation

A

Attwood V Small

92
Q

Misrepresentation Means to check information but didn’t still misrep

A

Redgrave V Hurd

93
Q

Fraudulent Misrep Wicked mind

A

Derry V Peek

94
Q

Fraudulent Misrep No limit to damages regardless of foreseen

A

Smith New Court V Scrimgeour

95
Q

Non Fraudulaten Mis rep (negligent Burden on representor

A

howard Marine V Ogden

96
Q

Loss of Rescission Affirmation

A

Long V Long

97
Q

Loss of Rescission Delay

A

Leaf V International Galleries

98
Q

Loss of Rescission Third party right

A

Phiilips V Brookes

99
Q

Loss of Rescission Third party rights

A

Cundy V Lindsey

100
Q

Duress Need not be the main reason

A

Barton V Armsrtrong

101
Q

Duress Illegitimacy of the pressure

A

R V AG England Wales

102
Q

Economic Duress Protest made delay defeated

A

Atlantic Baron

103
Q

Economic Duress Intentional submission no other practical solution

A

Atlas Express V Kafco

104
Q

Actual undue influence

A

Barclays bank V O’Brien

105
Q

Actual undue influence Class 1

A

Williams V Bayley

106
Q

Actual undue influence Class 1

A

BCCi V Aboody

107
Q

Presumed undue influence (A)

A

RBS V Eterige 2

108
Q

Inequality of bargaining power Not just improvidence but impropriatory as well

A

Kalsep V Xflow

109
Q

Illegalities Contract for illegal act always non enforceable

A

Bigos V Bousted

110
Q

Illegalities One person known illegal may still be enforceable

A

Clay V Yates

111
Q

Illegalities Subject matter for illegal purpose known illegal

A

Langton V Hughes

112
Q

Illegalities Unlawful due to way performed statutory duty

A

Anderson V Daniel

113
Q

Illegalities Contract not prohibited statue to punish the infringement

A

St Johns Shipping V Joseph Rank

114
Q

Illegalities Contract not prohibited statue to punish the

infringement

A

Hughes V Asset Management

115
Q

Criminal liability Can indemnify against strict liability if done innocently

A

Osman V Ralph Moss

116
Q

Civil liability Illegal if knowingly or intentionally committed

A

Bray V Barr

117
Q

Public Policy Corruption in public life (title of honor)

A

Parkinson V College of Ambulances

118
Q

Public Policy Illegal by statue ( immoral)

A

Peace V Brooks

119
Q

Public Policy Moral codes changing

A

Armhouse Lee V Chappell

120
Q

Public Policy Affecting admin of Justice – Illegal

A

Hyman V Hyman

121
Q

Contracts for future separation Sanctity of marriage – Unenforceable pre nups ok

A

Radmancher V Grantino

122
Q

Contracts in restraint of Trade Freedom of trade/ business restriction invalid unless reasonable

A

Petrolfina V Martin

123
Q

Contracts in restraint of Trade Restraint protects a legitimate interest and reasonable

A

Nodenfelt V Maxim Nordenfelt

124
Q

Contracts in restraint of Trade Failed to be void on Public interest

A

Wyatt V Kreglinger

125
Q

Contracts in restraint of Trade Failed to be void on Public interest

A

Kores V Kolok

126
Q

Contracts in restraint of Trade Held to be Void on public interest

A

Kerr V Morris

127
Q

Contracts in restraint of Trade Held to be Void on public interest

A

Decons V Bridge

128
Q

Area of restraint,Failed Too wide

A

Mason V Provident clothing

129
Q

Area of restraint Held Area not too wide

A

Marley Tile V Johnson

130
Q

Duration of Restraint, Unlimited restraints held appropriate

A

Fitch V Dewes

131
Q

Scope of Restraint,Held Valid scope appropriate

A

Kall Kwick Printing V Rush

132
Q

Between Employer and employee, Only if reasonable if type of work relevant

A

M&S Draper V Reynolds

133
Q

Sale of a Business, Must protect the business not just to reduce competition

A

Vancouver Malt V Sake V Vancouver Breweries

134
Q

Effects of Illegality, Guilty party can no enforce or sue

A

Pearce V Brooks

135
Q

Illegal Purpose Innocent party must refuse to perform if established illegality during or prior

A

Cowan V Milburn

136
Q

Illegal Performance Knowingly cannot enforce or sue

A

Ashmore Benson & Pease V Dawson

137
Q

Illegal Performance Innocent party can take action if unaware

A

Archbold V Spnglett

138
Q

Illegal Performance Ignorance of the law is no excuse

A

J W Allan V Cloke

139
Q

Illegal Performance Withdrawal must take place before the unlawful act is carried out

A

Taylor V Bowers

140
Q

Illegal Performance Withdrawal must take place before the unlawful act is carried out

A

Tribe V Tribe

141
Q

Illegal Performance Withdrawal must be voluntary

A

Bigos V Bousted

142
Q

Severance, Blue pencil test

A

Godsoll V Goldman

143
Q

Discharge

Performance Complete performance

A

Arcos V Ronaasen

144
Q

Discharge

Performance Complete performance

A

Cutter V Powell

145
Q

Discharge

Performance Partial Performance Acceptance of partial performance

A

Christy V Row

146
Q

Substantial Performance, Complete performance minus minor defects

A

Hoenig V Issac

147
Q

Severable Contract Abandons without acceptance - forfit rights

A

Sumpter V Hedges

148
Q

Severable Contract Wrongful prevention of performance

A

Planche V Colburn

149
Q

Severable Cannot perform without agreement

A

Startup V Macdonald

150
Q

Frustration Self induced frustration. Not frustrated - Breach

A

Constaine Steamship V Imperial smelting

151
Q

Frustration Must be impossible/illegal not merely more expensive

A

The Eugenia

152
Q

Frustration Subject Matter destroyed

A

Taylor V Caldwell

153
Q

Frustration Subject matter unavailable Held

A

Condor V Barron Knights

154
Q

Frustration Subject matter unavailable Held

A

Atwel V Rochester

155
Q

Frustration Radically different

A

FC Shepherd V Jerrom

156
Q

Frustration Stipulated terms impossible not merely more expensive

A

Tsakiroglou V Noblee Thori

157
Q

Frustration Method must be contemplated by both parties

A

Blackburn V T W Allen

158
Q

Frustration Cannot do what has become illegal

A

Denny

159
Q

Frustration Delay

A

Jackson V Union Marine

160
Q

Frustration, Delay

A

The Nema

161
Q

Effects of Frustration Loss lays where it fell

A

Applby V Myers

162
Q

Effects of Frustration ,Release from future obligations

A

Chandler V Webster

163
Q

Effects of Frustration, Quasi Contract money is recoverable

A

Fibrosa V Fairbairn

164
Q

Causation loss only caused by Breach

A

Galoo and Other V Bright Grahame

165
Q

Causation Need not be the sole cause

A

Smith Hogg B Black Sea Baltic Gen Ins

166
Q

Causation Intervening act still liable if foreseeable

A

Staisbie V Troman

167
Q

Aim of damages, Compensate not punish

A

Robinson V Harman

168
Q

Remoteness In mind and contemplation

A

Hadley V Baxendale

169
Q

Remoteness Special circumstances communicated and foreseeable

A

Heron 2

170
Q

Remoteness Failed not foreseeable

A

Achileas

171
Q

Remoteness Lost Bargain

A

Western Webb V Independent Media

172
Q

Remoteness Expectation loss

A

Ruxley

173
Q

Remoteness Reliance Loss

A

Anglia TV V Reed

174
Q

Remoteness Damages assessed at time of breach

A

Johnson V Agnew

175
Q

Remoteness No damages for mental distress

A

Addis V Gramaphone

176
Q

Remoteness Distress and disappointment foreseeable probable cause

A

Jarvis V Swan Tours

177
Q

Remoteness Distress and disappointment foreseeable probable cause

A

Jackson V Horizon Holidays

178
Q

Remoteness Very object is relaxation/Pleasure not only or main objection failed - not exceptional

A

Watts V Morrow

179
Q

Remoteness Failed not one of exceptional category

A

Farley V Skinner

180
Q

Mitigation – own failure after breach

A

Brace V Calder

181
Q

Mitigation not required to take risk to mitigate

A

Pilkington V Wood

182
Q

Mitigation Benefits obtained by mitigating taken into account

A

B Westinghouse V U/ground Railways

183
Q

Law Reform contib neg act, S1 apportionment of liability can be ordered for contributory Negligence (as in Tort

A

F Vesta V Butcher

184
Q

Liquidated damages Substitutes pre estimate loss

A

Dunlop V New Garages and Motor

185
Q

Penalties Penalty clauses secondary obligation unenforceable if disproportionate to the loss

A

Canvendish Sq V Talal El Makdessi

186
Q

Courts will enforce liquidated damages but not penalty clauses

A

Parkingeye V Beavis

187
Q

Specific Performance Court compels parties to complete as per contract wording

A

Beswick V Beswick

188
Q

Specific Performance Cannot be used in employment could amount to slavery

A

De Francesco V Barnum

189
Q

Defenses Mistake is not an excuse unless will cause real hardship

A

Watkins V Watson Smith

190
Q

Defenses Hardship caused not limited to subject matter

A

Patel V Ali

191
Q

Defenses Specific performance will not be given if contra to public policy

A

Wroth V Tyler

192
Q

Injunction Injection not normally granted for personal performance field Yes personal No

A

Warner Bros Pic V Nelson

Contract Case law cilex L6 (1 decks)

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