WKS 1-4 Flashcards
Memorise cases
Week 1, Intention to Create Legal Relations
Husband and Wife, £30p/m, informal agreement
Family Presumption
“Balfour v. Balfour (1978)”
Presumption that agreements between family members are ‘non binding’
Week 1, Intention to Create Legal Relations
Unmarried couple, share of house, wills
Family Presumption
“Fleming v. Beevers (1994)” NZ
Presumption that family agreeements are ‘non-binding’ was rebutted
Week 1, Intention to Create Legal Relations
Independent 3rd party, bears witness, intent
Family Presumption
“Courtney v. Courtney (1923)”
Independent 3rd Party attending shows intent to create legal relations
Week 1, Intention to Create Legal Relations
Family Gathering, Intent, Multiple Witnesses
Family Presumption
“Hamer v. Sidway (1923)”
Legal intent found if made before others at a family gathering.
Week 1, Intention to Create Legal Relations
$200 P/M, Studying for the bar, 5yrs of failure
Parent and Child Presumption
“Jones v. Padavatton (1969)”
Family arrangements built upon “mutual trust, family ties and affection”
No intent to creat legal relations
Week 1, Intention to Create Legal Relations
Cost of Care, Mother’s Estate, Carer=Son
Parent and Child Presumption
“Rogers v. Smith”
“Necessity of precise expression”- O Dalaigh CJ, IESC
No intent to create legal relations
Week 1, Intention to Create Legal Relations
Domestic Building Work, Full Price, P and Brother-In-Law
Family Presumption
“Leahy v. Rawson (2003)”
Presumption “appears to only extend to the closest of family kinships”
Commercial contract.
Week 1, Intention to Create Legal Relations
What to think in family cases?
Family Presumption
Clarity of Agreement, Serious Intent, Awareness of Legal Consequences, Wording.
Wording, “Vernon Pools”, can specifically state it is NOT A CONTRACT
Test Q
Week 1, Intention to Create Legal Relations
Promise made, certain employees, pension entitlements.
Commercial Presumption
“Edwards v. Skyways Ltd. (1964)”
Objective test, and commercial presumption, meant intent was found!
Commercial Cases
Week 1, Intention to Create Legal Relations
“Mere promise to negotiate”, lacks legal intent, non-comitting to one set of terms.
Commercial Presumption
“O’Rourke v. Talbot Ltd. (1984)”
Court rebutted presumption, offeree must show “immediate commitment”
Commercial Cases
Week 1, Intention to Create Legal Relations
Boyle, (1992), on ‘Subject to contract’
Contractual Statements
**“The phrase X, in the parties agreement, is inconsistent with the formation of a concluded contract”
Commercial and Family Cases
Week 1, Intention to Create Legal Relations
Exception to “subject to contract” rule, accidental use, ignored by the courts
Contractual Statements
“Micheal Richards v. Southwark Corporation”
Commercial Case
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
“Confetti Records (2003)”
Commercial Case
Week 1, Intention to Create Legal Relations
Supply of cattle, lack of essential details, unenforcement by courts
Vagueness
“Tolan v. Connacht Gold Co-Op (2016)”
Commercial Case
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
“Bank of Scotland v. Mansfield (2011)”
Commercial Case
Week 1, Intention to Create Legal Relations
Trade agreement, supply of milk, lack of essential terms, unenforceable
Vagueness
“Cadbury Ireland v. Kerry Co-Op (1982)”
Commercial Case
Week 1, Intention to Create Legal Relations
Purchase of land off local authority, specific “lock out clause, all ther agreement very vague
Vagueness
“Triatic v. Cork County Council (2006)”
Commercial Case
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
“Rooney v. Byrne (1933)”
Legally enforceable that ‘D’ must seek out multiple sources of credit.
Commercial Case
Week 1, Intention to Create Legal Relations
Quantum Merit, Vague Contract, Work Performed, Law of Restitution
Vagueness and Restitution
“Donnelly v. Woods (2012)”
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
What is an offer?
Offers
“An offer is a manifestation of a willingness to contract”
Quote
Week 2, Formation of Contract: Offer and Acceptance
Criterion of an offer?
Offers
Terms must be objectively clear, demonstration of “immediate commitment”, no particular language require so lomg as this criterion is fulfilled
Explanation
Week 2, Formation of Contract: Offer and Acceptance
Are extravagant offers still an offer?
Offers
Yes, unless “the extravagant is so blatant that it objectively indicates a lack of serious intent’- “Leonard v. PepsiCo”- Harriet Fighter Jet
Explanation
Week 2, Formation of Contract: Offer and Acceptance
Formal promise, reimbursement, insolvency of travel agencies
Intent to Offer
“Bowerman v. ABTA (1995)”- No intent to be bound, but objectively appeared as though they were
Poster in every travel agents office
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
LJ Hobhouse quote on Liability
Intent to Offer
“A contracting party cannot escape liability by saying they had their fingers crossed behind their back”
Quote
Week 2, Formation of Contract: Offer and Acceptance
What are the two types of offer?
Types of Offer
Bilateral and Unilateral
Explanation
Week 2, Formation of Contract: Offer and Acceptance
What is a bilateral offer?
Types of Offer
A bilateral offer is an offer that, when accepted, binds both parties (promise for a promise).
Explanation
Week 2, Formation of Contract: Offer and Acceptance
What is a unilateral offer?
Types of Offer
A unilateral offer is an offer that, when accepted, binds only the offeror (a promise for an act)
Explanation
Week 2, Formation of Contract: Offer and Acceptance
Unilateral offer, influenza, £1000 deposit
Unilateral offers
“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
Week 2, Formation of Contract: Offer and Acceptance
What are the four ways to terminate an offer?
Offers
Rejection, Counter-Offer, Lapse of Time, Revocation
Explanation
Week 2, Formation of Contract: Offer and Acceptance
What is a rejection of an offer?
Offers
Rather self-explanatory Joseph… “NO!”
Explanation
Week 2, Formation of Contract: Offer and Acceptance
What is a counter-offer?
Offers
Usually taken as a rejection, and an opporutnity to create a new, different contract.
Explanation
Week 2, Formation of Contract: Offer and Acceptance
“The request for more information leaves the initial offer in full force”
Offers
“Stevenson v. McClean”
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
What is lapse of time?
Offers
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
Week 2, Formation of Contract: Offer and Acceptance
What is revocation?
Offers
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
Week 2, Formation of Contract: Offer and Acceptance
What is acceptance?
Acceptance
“A manifestation of willingness to contract on the terms of the offer”
Explanation
Week 2, Formation of Contract: Offer and Acceptance
Criterion of Acceptance?
Acceptance
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
Week 2, Formation of Contract: Offer and Acceptance
Acceptance through performance, contractors, simply show up for work.
Acceptance
“Wettern Electric v. Welsh Development Agency”
Objectivity principle- was it clear that they were accepting? Yes!!
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
Unclear acceptance, multiple offers sent, P only entitled to quantum merit, cranes at a dock.
Acceptance
“Lind v. Mossey Docks (1972)”
“Acceptance was too imprecise”
Commercial Case
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
“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
Week 2, Formation of Contract: Offer and Acceptance
“Silence can never amount to acceptance”
Acceptance
“Russell Baird v. Hoban (1922)”
Apply in conjunction with “Tansey v. Occupational College of Therapists”
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
Is acceptance effective before being brought to the attention of the offeror?
Acceptance
No, according to “Carbolic Smoke Ball”, for acceptance to be effective it MUST be brought to the attention of the offeror.
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
Is the offeror at fault for not receiving the notification of acceptance?
Acceptance
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
Week 2, Formation of Contract: Offer and Acceptance
Are there any exceptions to the “Entores Ltd.” rule?
Acceptance
Yes, there is two:
- The Postal Rule*
- Regular course of dealings*
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
What is the Postal Rule?
Acceptance
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
Week 2, Formation of Contract: Offer and Acceptance
What is ‘regular course of dealings’ and how does it affect acceptance?
Acceptance
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
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
“Billings v. Arnott (1945)”- In this case, the “mere act” of signing up constituted acceptance.
Commercial Case
Week 2, Formation of Contract: Offer and Acceptance
What is the rule in auctions?
Acceptance
“The fall of the hammer is acceptance”
Explanation
Week 2, Formation of Contract: Offer and Acceptance
What are invitations to tender?
Offers & Acceptance
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
