Theory of Contract Law Flashcards
What is the theory of freedom of contract?
Under the theory of freedom of contract, contract law is based on promising.
Under contract law, if you do not like the terms in a contract, you do not have to enter it.
What are the distinctions between offers, offers in unilateral, and invitations to treat?
An ITT is not an offer and a contract cannot be based on one.
- Partridge v Crittenden, but in Carlill v Carbolic the advert became an offer by it being a unilateral contract by conduct.
How is Fisher v Bell linked to ITT and Freedom of Contract?
Fisher v Bell involved the displaying of items in a window. This was an ITT, as if it was an offer it would remove the shop owner’s right to decide whether or not to contract with the customer.
- The shop owner may then be liable for selling items to underage people.
