WK 2 - Case Law Flashcards
May & Butcher Ltd v
The King
[is authority for which one of the following propositions..?]
“For there to be a good contract there must be a concluded bargain, and a
concluded contract is one which settles everything which is necessary to be settled between the parties. Of course, it may leave something which still has to be determined, but then that determination must be something which does not
depend on agreement between the parties.”
[An agreement to agree is not enforceable]
McArthur v Lawson (1877) 4 R 1134
No contract for uncertainty.
[Employment]
Foley v Classique Coaches
[1934]
Terms determined by arbitration. Contract enforced.
Scottish
Wholefoods Collective Warehouse Ltd v Raye Investments
Ltd 1994
Term determined by reference to open market value. Contract enforced.
Courtney & Fairbairn v Tolaini Bros (Hotels) Ltd
[1975]
Term determined by agreement between parties’ quantity
surveyors. Contract unenforceable.
Sale of Goods Act 1979 s.8
Wilkie v Scottish Aviation Ltd
W architect drawings. Was not paid so looked for quantum meruit for services rendered.
R&J Dempster v Motherwell Bridge and Engineering Co
Ltd
Agreement that price is not an essential term. Valid contract.
Avintair v Ryder Airline
Services Ltd 1994
Dissensus on price, implied term. The courts implied a term to the effect that the party carrying out work was entitled to reasonable payment.
A negotiated with R to negotiate with airline. R got contracts, R refused to pay. A entitled to reasonable payment for services performed.
Balfour v Balfour 1919
Husband paid wife monthly allowance. Social agreement so not legally binding.
Robertson v Anderson 2003
Share bingo winnings. Won £100k but refused to share. This social agreement was legally binding as both parties took it seriously.
Rosie and Frank Co v JR Compton & Bros Ltd 1925
Parties had no intention for agreement to be legally enforceable so no contract.
WS Karoulias SA v Dramburie Liqueur Co Ltd (No 2) 2005
Written, unsigned agreement. Court: parties drew up agreement with no intention of being bound until signed.
RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG 2010
Written agreement: not to be legally enforceable until signed. No signature but performance. Court: performance indicates agreement. Agree terms, then perform.
