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Contract Law > WKS 1-4 > Flashcards

WKS 1-4 Flashcards

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1
Q

Week 1, Intention to Create Legal Relations

Husband and Wife, £30p/m, informal agreement

Family Presumption

A

“Balfour v. Balfour (1978)”

Presumption that agreements between family members are ‘non binding’

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2
Q

Week 1, Intention to Create Legal Relations

Unmarried couple, share of house, wills

Family Presumption

A

“Fleming v. Beevers (1994)” NZ

Presumption that family agreeements are ‘non-binding’ was rebutted

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3
Q

Week 1, Intention to Create Legal Relations

Independent 3rd party, bears witness, intent

Family Presumption

A

“Courtney v. Courtney (1923)”

Independent 3rd Party attending shows intent to create legal relations

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4
Q

Week 1, Intention to Create Legal Relations

Family Gathering, Intent, Multiple Witnesses

Family Presumption

A

“Hamer v. Sidway (1923)”

Legal intent found if made before others at a family gathering.

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5
Q

Week 1, Intention to Create Legal Relations

$200 P/M, Studying for the bar, 5yrs of failure

Parent and Child Presumption

A

“Jones v. Padavatton (1969)”

Family arrangements built upon “mutual trust, family ties and affection”

No intent to creat legal relations

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6
Q

Week 1, Intention to Create Legal Relations

Cost of Care, Mother’s Estate, Carer=Son

Parent and Child Presumption

A

“Rogers v. Smith”

“Necessity of precise expression”- O Dalaigh CJ, IESC

No intent to create legal relations

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7
Q

Week 1, Intention to Create Legal Relations

Domestic Building Work, Full Price, P and Brother-In-Law

Family Presumption

A

“Leahy v. Rawson (2003)”

Presumption “appears to only extend to the closest of family kinships”

Commercial contract.

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8
Q

Week 1, Intention to Create Legal Relations

What to think in family cases?

Family Presumption

A

Clarity of Agreement, Serious Intent, Awareness of Legal Consequences, Wording.

Wording, “Vernon Pools”, can specifically state it is NOT A CONTRACT

Test Q

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9
Q

Week 1, Intention to Create Legal Relations

Promise made, certain employees, pension entitlements.

Commercial Presumption

A

“Edwards v. Skyways Ltd. (1964)”

Objective test, and commercial presumption, meant intent was found!

Commercial Cases

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10
Q

Week 1, Intention to Create Legal Relations

“Mere promise to negotiate”, lacks legal intent, non-comitting to one set of terms.

Commercial Presumption

A

“O’Rourke v. Talbot Ltd. (1984)”

Court rebutted presumption, offeree must show “immediate commitment”

Commercial Cases

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11
Q

Week 1, Intention to Create Legal Relations

Boyle, (1992), on ‘Subject to contract’

Contractual Statements

A

**“The phrase X, in the parties agreement, is inconsistent with the formation of a concluded contract”

Commercial and Family Cases

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12
Q

Week 1, Intention to Create Legal Relations

Exception to “subject to contract” rule, accidental use, ignored by the courts

Contractual Statements

A

“Micheal Richards v. Southwark Corporation”

Commercial Case

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13
Q

Week 1, Intention to Create Legal Relations

Exception to “subject to contract” rule, use of term, no further negotiation, instead performance of terms.

Contractual Statements

A

“Confetti Records (2003)”

Commercial Case

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14
Q

Week 1, Intention to Create Legal Relations

Supply of cattle, lack of essential details, unenforcement by courts

Vagueness

A

“Tolan v. Connacht Gold Co-Op (2016)”

Commercial Case

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15
Q

Week 1, Intention to Create Legal Relations

Bank loan, lack of essential terms, unenforceable by courts as they had such little idea of the agreement

Vagueness

A

“Bank of Scotland v. Mansfield (2011)”

Commercial Case

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16
Q

Week 1, Intention to Create Legal Relations

Trade agreement, supply of milk, lack of essential terms, unenforceable

Vagueness

A

“Cadbury Ireland v. Kerry Co-Op (1982)”

Commercial Case

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17
Q

Week 1, Intention to Create Legal Relations

Purchase of land off local authority, specific “lock out clause, all ther agreement very vague

Vagueness

A

“Triatic v. Cork County Council (2006)”

Commercial Case

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18
Q

Week 1, Intention to Create Legal Relations

Purchase of land, subject to getting a loan, only approached one bank & thus never got a loan

Vagueness

A

“Rooney v. Byrne (1933)”

Legally enforceable that ‘D’ must seek out multiple sources of credit.

Commercial Case

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19
Q

Week 1, Intention to Create Legal Relations

Quantum Merit, Vague Contract, Work Performed, Law of Restitution

Vagueness and Restitution

A

“Donnelly v. Woods (2012)”

Commercial Case

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20
Q

Week 2, Formation of Contract: Offer and Acceptance

What is an offer?

Offers

A

“An offer is a manifestation of a willingness to contract”

Quote

21
Q

Week 2, Formation of Contract: Offer and Acceptance

Criterion of an offer?

Offers

A

Terms must be objectively clear, demonstration of “immediate commitment”, no particular language require so lomg as this criterion is fulfilled

Explanation

22
Q

Week 2, Formation of Contract: Offer and Acceptance

Are extravagant offers still an offer?

Offers

A

Yes, unless “the extravagant is so blatant that it objectively indicates a lack of serious intent’- “Leonard v. PepsiCo”- Harriet Fighter Jet

Explanation

23
Q

Week 2, Formation of Contract: Offer and Acceptance

Formal promise, reimbursement, insolvency of travel agencies

Intent to Offer

A

“Bowerman v. ABTA (1995)”- No intent to be bound, but objectively appeared as though they were

Poster in every travel agents office

Commercial Case

24
Q

Week 2, Formation of Contract: Offer and Acceptance

LJ Hobhouse quote on Liability

Intent to Offer

A

“A contracting party cannot escape liability by saying they had their fingers crossed behind their back”

Quote

25
Q

Week 2, Formation of Contract: Offer and Acceptance

What are the two types of offer?

Types of Offer

A

Bilateral and Unilateral

Explanation

26
Q

Week 2, Formation of Contract: Offer and Acceptance

What is a bilateral offer?

Types of Offer

A

A bilateral offer is an offer that, when accepted, binds both parties (promise for a promise).

Explanation

27
Q

Week 2, Formation of Contract: Offer and Acceptance

What is a unilateral offer?

Types of Offer

A

A unilateral offer is an offer that, when accepted, binds only the offeror (a promise for an act)

Explanation

28
Q

Week 2, Formation of Contract: Offer and Acceptance

Unilateral offer, influenza, £1000 deposit

Unilateral offers

A

“Carlill v. Carbolic Smoke Ball Co. (1893)”- Clear terms on poster, immediate commitment with £1000 deposit, indicated objective seriousness.

Unilateral- Mrs. Carlill not obliged to do anything

Commercial Case

29
Q

Week 2, Formation of Contract: Offer and Acceptance

What are the four ways to terminate an offer?

Offers

A

Rejection, Counter-Offer, Lapse of Time, Revocation

Explanation

30
Q

Week 2, Formation of Contract: Offer and Acceptance

What is a rejection of an offer?

Offers

A

Rather self-explanatory Joseph… “NO!”

Explanation

31
Q

Week 2, Formation of Contract: Offer and Acceptance

What is a counter-offer?

Offers

A

Usually taken as a rejection, and an opporutnity to create a new, different contract.

Explanation

32
Q

Week 2, Formation of Contract: Offer and Acceptance

“The request for more information leaves the initial offer in full force”

Offers

A

“Stevenson v. McClean”

Commercial Case

33
Q

Week 2, Formation of Contract: Offer and Acceptance

What is lapse of time?

Offers

A

Some offers will, rather simply, become terminated due to the fact they are limited.
- “Lynch v. St. Vincent’s Hospital”, date for lapse of time must give a “reasomable amount of time”

Explanation

34
Q

Week 2, Formation of Contract: Offer and Acceptance

What is revocation?

Offers

A

The offeror is, naturally, entitled to withdraw their offer, but only before acceptance.
- “Henthorn”: Revocation must be brought to the full attention of the offeree
- “Walker”: Prelimary promises, such as “this offer stands for one week” are not enforceable in themselves, revocation not effective until the offeree is notified.

Explanation

35
Q

Week 2, Formation of Contract: Offer and Acceptance

What is acceptance?

Acceptance

A

“A manifestation of willingness to contract on the terms of the offer”

Explanation

36
Q

Week 2, Formation of Contract: Offer and Acceptance

Criterion of Acceptance?

Acceptance

A

Clear in exactly what terms are being accepted, clearly commits the party to the offer, no particular form required so long as these criteria are fulfilled.

Explanation

37
Q

Week 2, Formation of Contract: Offer and Acceptance

Acceptance through performance, contractors, simply show up for work.

Acceptance

A

“Wettern Electric v. Welsh Development Agency”

Objectivity principle- was it clear that they were accepting? Yes!!

Commercial Case

38
Q

Week 2, Formation of Contract: Offer and Acceptance

Unclear acceptance, multiple offers sent, P only entitled to quantum merit, cranes at a dock.

Acceptance

A

“Lind v. Mossey Docks (1972)”

“Acceptance was too imprecise”

Commercial Case

39
Q

Week 2, Formation of Contract: Offer and Acceptance

College manual, students may take an exam twice to pass, later changed to once, offer and aceptance between college and students?

Acceptance

A

“Tansey v. College of Occupational Therapists (1986)”- No offer made, manual was simply an infomration booklet, not objectively clear that she comitted to these terms as she never had to repeat.

Commercial Case

40
Q

Week 2, Formation of Contract: Offer and Acceptance

“Silence can never amount to acceptance”

Acceptance

A

“Russell Baird v. Hoban (1922)”

Apply in conjunction with “Tansey v. Occupational College of Therapists”

Commercial Case

41
Q

Week 2, Formation of Contract: Offer and Acceptance

Is acceptance effective before being brought to the attention of the offeror?

Acceptance

A

No, according to “Carbolic Smoke Ball”, for acceptance to be effective it MUST be brought to the attention of the offeror.

Commercial Case

42
Q

Week 2, Formation of Contract: Offer and Acceptance

Is the offeror at fault for not receiving the notification of acceptance?

Acceptance

A

No, according to “Entores Ltd. v. Miles Far East Corp”, the offeror must not be at fault for not receiving the notification of acceptance.

Commercial Case

43
Q

Week 2, Formation of Contract: Offer and Acceptance

Are there any exceptions to the “Entores Ltd.” rule?

Acceptance

A

Yes, there is two:
- The Postal Rule*
- Regular course of dealings*

Commercial Case

44
Q

Week 2, Formation of Contract: Offer and Acceptance

What is the Postal Rule?

Acceptance

A

The ‘Postal Rule’ dictates that: ‘Postal acceptance’ is effective immediately upon posting, even if (apparently) the letter never arrives. Note: Use of post must be reasonable, and cannot be applied to reach absurd results.

Commercial Case

45
Q

Week 2, Formation of Contract: Offer and Acceptance

What is ‘regular course of dealings’ and how does it affect acceptance?

Acceptance

A

As per, “Photolibrary Group Ltd. v. Burda Senator”, ‘if the parties have a regular course of dealings, and generally commencing performance indicates acceptance’ then that is fine

Commercial Case

46
Q

Week 2, Formation of Contract: Offer and Acceptance

Armed forces sign up, WW2, firm promised to pay half wages, on top of basic military wage

Acceptance, Unilateral Contracts

A

“Billings v. Arnott (1945)”- In this case, the “mere act” of signing up constituted acceptance.

Commercial Case

47
Q

Week 2, Formation of Contract: Offer and Acceptance

What is the rule in auctions?

Acceptance

A

“The fall of the hammer is acceptance”

Explanation

48
Q

Week 2, Formation of Contract: Offer and Acceptance

What are invitations to tender?

Offers & Acceptance

A

The law states that they are what they are, ‘quite simply invitations’, and therefore promises made in them are (usually) unenforceable…
However, a clear, unambigious promise to do something may be enforceable, such as “I will accept the highest bid”

Explanation

49
Q
A

Contract Law (5 decks)

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