Week 4 - Formation Flashcards
In order to form a contract what must be agreed ?
Consensus in idem
What Is a case that can be viewed as mutual error ?
No contract for lack of consensus on nature: Mathieson Gee (Ayrshire) Ltd v Quigley 1952 SC (HL) 38
A case that demonstrates uncertainty
McArthur v Lawson (1877) 4 R 1134
What is the effect of unqualified acceptance ?
Converts offer into a contract
What is the effect of a counter offer and reference a case
A counter offer extinguishes the original offer
Hyde v Wrench (1840) 3 Beav 334
What effect does qualified acceptance have ? `
Qualified acceptance has the same effect as a counter offer
Wolf & Wolf v Forfar Potato Co 1984 SLT 100
What can offers be confused as ?
Offers could be confused as invitations to treat. A statement may be intended to invite offers or to start negotiations
Harvey v Facey [1893] AC 552
Give examples of invitations to treat and cases
Goods on display in a shop window Fisher v Bell [1961] 1 QB 394
Advertisements Partridge v Crittenden [1968] 1 WLR 1204
What is the general rule of acceptance
It is effective of posting
Is acceptance effective on posting ?
Yes, demonstrated in Dunlop v Higgins (1848) 6 Bell’s App 195
Revocation?
Must be accepted to be effective
Describe the postal rule
o where acceptance and revocation of offer cross in the post the contract is concluded
Conditions may be ?
Subsentive - due on occurrence of uncertain event
Resolutive - due until occurrence of uncertain event
