Week One REDO Flashcards
What is the definition of a contract?
An agreement between parties that is enforceable by law
What is a consensus ad idem?
Meeting of Minds
What case provides a precedent for Consensus ad Idem and what that is?
Mathieson Gee Ltd. v Quigley, no contract when parties offer different contracts.
What two cases are relevant for the postal acceptance rule and the precedents they set?
Thomson v James, an offer is only valid when communicated to the party.
Dunlop v Higgins - Acceptance can be withdrawn if the offer of withdrawal reaches the party at the same time or before the acceptance
What case provides a precedent for what could cause a Lapse of Offer and what that is?
Wylie & Lochhead v McElroy, factors affecting lapse: Market fluctuations and unreasonable delay.
What is a lapse of offer?
When an offer is no longer valid
What case provides a precedent for acceptance by conduct
Carlill v Carbolic Smoke Ball Co, Offers can be accepted by performing the conditions stated in advertisements.
What two cases provide precedents for Silence in contracts and what that could mean?
Shaw v James Scott Builders & Co, silence may infer acceptance depending on circumstances.
Felthouse v Bindley - Failure to respond could not be regarded as acceptance
What cases are to do with with invitations to treat and the precedents they set?
Pharmaceutical Society of Great Britain v Boots - display of goods are invitations to treat not offers
Carlill v Carbolic Smoke Ball Co - Adverts are seen as invitations to treat
What is the role of private law per Lord Hope of Craighead and in what case?
To uphold rights and to enforce duties in Chester v Afshar
There are 4 categories of structure in Private Law, what are they and what do they entail?
Persons - Rights and Duties arising from status e.g. between parent and child
Property - Rights in ‘things’ e.g. ownership and rights in security
Obligations - Rights against other persons e.g. a debt; right to damages for breach of contract
Actions - Rules of evidence and procedure e..g. admissibility of evidence remedies.
The difference between Scots and English Contract Law?
English has doctrine of consideration, Scotland has doctrine of promise
“The Court held that they had to look NOT to what the parties thought they had said or had intended to say BUT to what had actually been said” is the judgment for what case?
Muirhead and Turnbull v Dickson
What is the terminology when referring to the parties of a contract?
Offeror and Oferee
What case set the precedent that the display of goods doesn’t constitute an offer?
Pharmaceutical Society of Great Britain v Boots
