Midterm Case Facts

Question 1

Carlill v. Carbolic Smoke Ball

Answer 1

Unilateral offer, Ad offering 100 to anyone who gets the flu after proper use, plaintiff meets all conditions and files a suit to get the award

Question 2

Blair v. Western Mutual

Answer 2

B stenographer at W company, a meeting B transcribed was about her retirement package, B did not act upon this by asking about it or retiring, when company went under B claimed for that pension

Question 3

Livingston v. Evans

Answer 3

Defendant offered to sell land, plaintiff requested lowest cash price, D responded “cannot reduce price”

Question 4

Butler Machine Tool v. Ex-Cell-O Corp

Answer 4

B offered to sell E a machine with terms that had a price variation clause, E put forward a new order with new terms excluding the P/V clause. They both sign.

Question 5

ProCD v. Matthew Zeidenberg

Answer 5

Shrinkwrap (indication of being subject to a license was on the outside)– said it wasn’t to be used for commercial use but plaintiff used it for this

Question 6

Felthouse v. Bindley

Answer 6

F buying horse from nephew, there was a misunderstanding on price, uncle wrote saying to split the difference and that if he didn’t hear back he would assumed they had a deal, nephew didn’t reply, horse was accidentally sold by auctioneer (B)

Question 7

Byrne v. Van Tienhoven

Answer 7

V offered to sell B some plates, B accepted via telegram and confirmed by letter, V sent a letter to revoke after B had sent their acceptance

Question 8

Dickinson v Dodds

Answer 8

Do. said offer open til Friday at 9am, Thursday Do. sold the property to a third party, on Friday Di heard about it and tried to accept, acceptance letter never reached Do. prior to the sale

Question 9

Dawson v Helicopter Exploration

Answer 9

H wants D to show them the land with a mineral deposit, offer to pay him for his expertise, they say they will get a pilot and pay to get there if he shows them the area and where the mineral deposits are, H said they couldn’t get a pilot and that they didn’t want to go anymore, then later they went anyway on the info D had given them but didn’t give him any money

Question 10

MJB Ent. v Defence Construction

Answer 10

D calls for tender and M responds, invitation contains privilege clause saying he “doesn’t have to pick lowest bid”, lowest bid (one he chooses) is not compliant with the terms, M is rejected and files a suit

Question 11

Household Insurance v Grant

Answer 11

G offers to buy shares from H’s company, H accepts offer, places acceptance by post, G entered in books as shareholder, notice never reaches G, H goes bankrupt and looks for G to pay for his shares, G refuses, claims acceptance never communicated

Question 12

Holwell Securities v Hughes

Answer 12

Option to purchase premises, exercised option by letter, defendant did not get the letter, defendant no longer wants to sell

Question 13

R v CAE Industries

Answer 13

R (appellant) made an agreement that resulted in sale of airport to C, R made promises in a letter that C relied on when deciding to buy, promise at question is R giving “best efforts to secure additional work”

Question 14

Hillas & Co v Arcos Ltd

Answer 14

H contracted to buy 100k of Russian Timber but A entered a different contract to sell elsewhere

Question 15

Foley v Classique Coaches Ltd

Answer 15

C agreed to purchase land and petrol from them on for a price “to be agreed upon in writing from time to time” C did so for 3 years, then tried to go elsewhere, arbitration clause

Question 16

Empress Towers v. Bank of NS

Answer 16

Renewal of lease dependant on negotiations between parties (have to mutually agree), failure to agree terminates agreement, B tries to renew, E waits til last day then proposes significant price increase, E wants to terminate lease because of uncertainty and is looking to the court to allow them to evict B

Question 17

Wellington City Council v Body Corporate

Answer 17

The company had a “process” contract with the defendant to negotiate the sale of the land that was being leased “in good faith”. The trial court awarded the damages as the amount the defendant would have received in developing the land had negotiations not eroded.

Question 18

Kernel v Bawitko

Answer 18

K (franchisor), B (franchisee), parties are negotiating terms, come up with some aspects orally and end with K saying “you’ve got a deal”, B says this is the full and complete deal, K says it was subject to the written agreement that was to follow

Question 19

Brinkibon v Stahag Stagl

Answer 19

Contract formed by telex, B is buyer in London, S is seller in Austria, offer sent from S to B, B accepted by telex, claimed London was the jurisdiction where it was formed due to the postal rule