Private Law Cases Flashcards
Mathieson Gee Ltd. v Quigley 1952
Removal of silt from pond
No contract existed between parties-consensus in idem agreed to different things
Thomson v James (1855)
Thomson made an offer to James which James accepted but before Thomson was made aware of the acceptance James withdrew it.
an offer is nothing until it is communicated to the party whom made it
Wylie & Lochhead v McElroy (1873)
cost of iron fluxuates so offer was only open until the next day.
lapse of offer as iron was fluxuating so pursuer’s delay was unreasonable
Carlill v Carbolic Smoke Ball [1893]
advertisements offering rewards are offers to the world .
Shaw v James Scott Builders & Co [2010]
through the builders silence has assented to be bound by the contract.
Macfarlane v Johnston
johnstons promise to pay the business to help them get out of bankrupcy was a binding obligation
Wick Harbour Trs v The Admiralty (1921)
The admirality voluntarily offers to make a payment which is under no legal obligation to make and it is accepted this is a contract.
Robertson v Anderson 2003
agreed to split the money at bingo defender said was a social agreement courts held was a contract.
Balfour v Balfour [1919]
mr balfour promised to give his wife £30 a week they later sperated and she tried to sue for this.
not a contract as parties didn’t intend that they should be legal consequences
May & Butcher v King [1934]
agreement to agree is no a contract
to be a good contract there must be a concluded bargain
Hislop v Dickson Motors (Forres) Ltd. 1978
Hislop was pressured to hand some of the money she stole from the business back or they would phone the police she tried to sue and say this was force and fear courts held this was sufficient pressure.
Smyth v Rafferty [2014]
women made new will before death giving money to help her failing business -no facility and circumvention when she made her new will.
Gray v Binny (1879)
mrs gray influenced her son to sell her the estate for less than it was worth-undue influence
Stewart v Kennedy (1890)
Disagreement over fundemental terms of the contract on price of property.Essential error
Menzies v Menzies (1893)
The court held that Neil’s consent to the re-settlement was obtained under misleading circumstances, where he was not fully informed of his legal rights-undue influence -essential error
Boyd & Forrest v Glasgow S W Ry Co. 1915
incorrect data on the ground where the train tracks were to be built, so the contractor had to spend more money on sorting the ground. They tried to bring an action for the extra cost, but the railway made an innocent mistake.No damages available
Butler Machine Tool Co v Ex-Cell-O Corporation (England) Ltd [1979]
by returning the order form butler accepted the counter offer and killed off the original offer they made.
Uniroyal Ltd. v Miller 1985
defender created a counter offer which killed pursuers offer.
Olley v Marlborough Court Ltd [1949]
exclusion clause in bedroom was post contractual so not valid.
Parker v South Eastern Railway Co (1877)
reasonable notice of exclusion clause on ticket was not given so could not stand.
McCutcheon v MacBrayne 1964
claimants car was destroyed on ferry but he didnt not sign exclusion clause so company was liable
Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd [1894]
reasonable restrictive covenant as it protects the interests of the business.
Felthouse v Bindley (1862)
felthouse sent a letter to his nephew saying he wanted to buy his horse and if he didn’t reply to the letter the horse was his.- silence is not acceptance
Fisher v Bell [1961]
flick knife was an invitation to treat
Hyde v Wrench (1840)
cowrench offered to sell farm for a price then hyde counter offered with a diffrent price when this was rejected he tried to return to the original offer and accept this wrench refused.
Philp & Co v Knoblaunch 1907
Knoblaunch wrote to Philip advising 100 tons of linseed and asking if they are any buyers. Philip replied accepting,K failed to deliver and P sued,K claimed there was no contract as they were only advertising and inviting interest.Was held a clear offer, not an invitation to treat.
Cantiere San Rocco SA v Clyde Shipbuilding & Engineering Co. Ltd [1924]
contract frustrated by the war
Wylie & Lochhead v McElroy & Sons 1873
delay in responding was unreasonable and offer could not be accepted because iron had fluctuated.
Earl of Orkney v Vinfra
force and fear - contract void because was signed in fear-person was threatened.
McArthur v Lawson [1877]
promise to make employee a partner was not valid as lacked details for partnership contract.
Foley v classique coaches
classique coaches - contract was not void for uncertainty -resolved through arbitration.
may and butcher V king
agreements to agree is not a contract. Price of tents.
Wolf and Wolf v Forfar Potato Co [1984]
counter-offer kills original offer.
ParkingEye Ltd v Beavis [2015]
Beavis charge for overstaying was enforceable.
Indigo park services v watson
Watson was ordered to pay the charges and associated costs.
