Rules of Law Flashcards
Communication of an offer
An offer must be communicated to the offeree before it can be accepted
Payne v Cave
An offer can be revoked at any point before acceptance
Errington v Errington and Woods
An offer cannot be revoked once the offeree has started to perform the requested act
PSGB v Boots
Goods on a supermarket shelf are invitations to treat
Fisher v Bell
Items placed in a shop window are invitations to treat
The customer…
The customer always makes the offer
Esso Petroleum v Customs and Excise
Business and commercial cases are presumed to be binding
Harvey v Facey and Grainger and Son v Gough
A mere statement of price is not an offer capable of acceptance nor a promise
Gibson v Mancherster City Council
Letters or adverts asking for tenants are invitations to treat
R v Clarke and William v Cawardine
In order for a reward to be given to the offeree, they must have knowledge of it and act in reliance of it
Shuey v USA
The same notoriety must be given to the revocation that was given to the offer
Thornton v Shoelane Parking
The contract becomes binding when the money is put in the machine
Wilkie v London Passenger Transport Board
The contract is made when the intending passenger puts himself either on the platform or on the bus
Dickenson v Dodds
The revocation need not be communicated by the offeror himself
Felthouse v Bindley
Silence does not amount to acceptance
Denning in Entores
Not only must the words of acceptance be spoken, they must also be heard by the offeror
Hyde v Wrench
A counter offer revokes the original offer
Balfour v Balfour
Social and domestic cases are presumed not to be binding
Pinnels/Foakes
Part payment of a debt does not satisfy the whole debt
Equity..
Equity overrules the common law
Stilk v Myrick
Performance of an existing duty owed to a third party can be good consideration
Tweddle v Atkinson
Consideration must move from the promisee
The doctrine of privity is…
An immovable, rigid and strict rule which is fundamental to contract law. Its impact can be harsh.
No one who is not a party to a contract can have rights or obligations under it
Contracts (Rights of Third Parties) Act 1999 S1(1)
Beswick v Beswick
A person who is not a party to a contract may in his own right enforce a contract term if the contract expressly provides that he may or the term purports to confer a benefit on him