WKS 1-4

Question 1

Week 1, Intention to Create Legal Relations

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

Family Presumption

Answer 1

“Balfour v. Balfour (1978)”

Presumption that agreements between family members are ‘non binding’

Question 2

Week 1, Intention to Create Legal Relations

Unmarried couple, share of house, wills

Family Presumption

Answer 2

“Fleming v. Beevers (1994)” NZ

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

Question 3

Week 1, Intention to Create Legal Relations

Independent 3rd party, bears witness, intent

Family Presumption

Answer 3

“Courtney v. Courtney (1923)”

Independent 3rd Party attending shows intent to create legal relations

Question 4

Week 1, Intention to Create Legal Relations

Family Gathering, Intent, Multiple Witnesses

Family Presumption

Answer 4

“Hamer v. Sidway (1923)”

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

Question 5

Week 1, Intention to Create Legal Relations

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

Parent and Child Presumption

Answer 5

“Jones v. Padavatton (1969)”

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

No intent to creat legal relations

Question 6

Week 1, Intention to Create Legal Relations

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

Parent and Child Presumption

Answer 6

“Rogers v. Smith”

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

No intent to create legal relations

Question 7

Week 1, Intention to Create Legal Relations

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

Family Presumption

Answer 7

“Leahy v. Rawson (2003)”

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

Commercial contract.

Question 8

Week 1, Intention to Create Legal Relations

What to think in family cases?

Family Presumption

Answer 8

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

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

Test Q

Question 9

Week 1, Intention to Create Legal Relations

Promise made, certain employees, pension entitlements.

Commercial Presumption

Answer 9

“Edwards v. Skyways Ltd. (1964)”

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

Commercial Cases

Question 10

Week 1, Intention to Create Legal Relations

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

Commercial Presumption

Answer 10

“O’Rourke v. Talbot Ltd. (1984)”

Court rebutted presumption, offeree must show “immediate commitment”

Commercial Cases

Question 11

Week 1, Intention to Create Legal Relations

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

Contractual Statements

Answer 11

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

Commercial and Family Cases

Question 12

Week 1, Intention to Create Legal Relations

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

Contractual Statements

Answer 12

“Micheal Richards v. Southwark Corporation”

Commercial Case

Question 13

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

Answer 13

“Confetti Records (2003)”

Commercial Case

Question 14

Week 1, Intention to Create Legal Relations

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

Vagueness

Answer 14

“Tolan v. Connacht Gold Co-Op (2016)”

Commercial Case

Question 15

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

Answer 15

“Bank of Scotland v. Mansfield (2011)”

Commercial Case

Question 16

Week 1, Intention to Create Legal Relations

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

Vagueness

Answer 16

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

Commercial Case

Question 17

Week 1, Intention to Create Legal Relations

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

Vagueness

Answer 17

“Triatic v. Cork County Council (2006)”

Commercial Case

Question 18

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

Answer 18

“Rooney v. Byrne (1933)”

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

Commercial Case

Question 19

Week 1, Intention to Create Legal Relations

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

Vagueness and Restitution

Answer 19

“Donnelly v. Woods (2012)”

Commercial Case

Question 20

Week 2, Formation of Contract: Offer and Acceptance

What is an offer?

Offers

Answer 20

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

Quote

Question 21

Week 2, Formation of Contract: Offer and Acceptance

Criterion of an offer?

Offers

Answer 21

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

Explanation

Question 22

Week 2, Formation of Contract: Offer and Acceptance

Are extravagant offers still an offer?

Offers

Answer 22

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

Explanation

Question 23

Week 2, Formation of Contract: Offer and Acceptance

Formal promise, reimbursement, insolvency of travel agencies

Intent to Offer

Answer 23

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

Poster in every travel agents office

Commercial Case

Question 24

Week 2, Formation of Contract: Offer and Acceptance

LJ Hobhouse quote on Liability

Intent to Offer

Answer 24

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

Quote

Question 25

# Week 2, Formation of Contract: Offer and Acceptance What are the two types of offer? ## Footnote Types of Offer

Answer 25

Bilateral and Unilateral ## Footnote Explanation

Question 26

# Week 2, Formation of Contract: Offer and Acceptance What is a bilateral offer? ## Footnote Types of Offer

Answer 26

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

Question 27

# Week 2, Formation of Contract: Offer and Acceptance What is a unilateral offer? ## Footnote Types of Offer

Answer 27

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

Question 28

# Week 2, Formation of Contract: Offer and Acceptance Unilateral offer, influenza, £1000 deposit ## Footnote Unilateral offers

Answer 28

"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 ## Footnote Commercial Case

Question 29

# Week 2, Formation of Contract: Offer and Acceptance What are the four ways to terminate an offer? ## Footnote Offers

Answer 29

Rejection, Counter-Offer, Lapse of Time, Revocation ## Footnote Explanation

Question 30

# Week 2, Formation of Contract: Offer and Acceptance What is a rejection of an offer? ## Footnote Offers

Answer 30

Rather self-explanatory Joseph... "NO!" ## Footnote Explanation

Question 31

# Week 2, Formation of Contract: Offer and Acceptance What is a counter-offer? ## Footnote Offers

Answer 31

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

Question 32

# Week 2, Formation of Contract: Offer and Acceptance "The request for more information leaves the initial offer in full force" ## Footnote Offers

Answer 32

"Stevenson v. McClean" ## Footnote Commercial Case

Question 33

# Week 2, Formation of Contract: Offer and Acceptance What is lapse of time? ## Footnote Offers

Answer 33

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" ## Footnote Explanation

Question 34

# Week 2, Formation of Contract: Offer and Acceptance What is revocation? ## Footnote Offers

Answer 34

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. ## Footnote Explanation

Question 35

# Week 2, Formation of Contract: Offer and Acceptance What is acceptance? ## Footnote Acceptance

Answer 35

"A manifestation of willingness to contract on the terms of the offer" ## Footnote Explanation

Question 36

# Week 2, Formation of Contract: Offer and Acceptance Criterion of Acceptance? ## Footnote Acceptance

Answer 36

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. ## Footnote Explanation

Question 37

# Week 2, Formation of Contract: Offer and Acceptance Acceptance through performance, contractors, simply show up for work. ## Footnote Acceptance

Answer 37

"Wettern Electric v. Welsh Development Agency" | Objectivity principle- was it clear that they were accepting? Yes!! ## Footnote Commercial Case

Question 38

# Week 2, Formation of Contract: Offer and Acceptance Unclear acceptance, multiple offers sent, P only entitled to quantum merit, cranes at a dock. ## Footnote Acceptance

Answer 38

"Lind v. Mossey Docks (1972)" | "Acceptance was too imprecise" ## Footnote Commercial Case

Question 39

# 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? ## Footnote Acceptance

Answer 39

"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. ## Footnote Commercial Case

Question 40

# Week 2, Formation of Contract: Offer and Acceptance "Silence can never amount to acceptance" ## Footnote Acceptance

Answer 40

"Russell Baird v. Hoban (1922)" | Apply in conjunction with "Tansey v. Occupational College of Therapists" ## Footnote Commercial Case

Question 41

# Week 2, Formation of Contract: Offer and Acceptance Is acceptance effective before being brought to the attention of the offeror? ## Footnote Acceptance

Answer 41

No, according to "Carbolic Smoke Ball", for acceptance to be effective it MUST be brought to the attention of the offeror. ## Footnote Commercial Case

Question 42

# Week 2, Formation of Contract: Offer and Acceptance Is the offeror at fault for not receiving the notification of acceptance? ## Footnote Acceptance

Answer 42

No, according to "Entores Ltd. v. Miles Far East Corp", the offeror must not be at fault for not receiving the notification of acceptance. ## Footnote Commercial Case

Question 43

# Week 2, Formation of Contract: Offer and Acceptance Are there any exceptions to the "Entores Ltd." rule? ## Footnote Acceptance

Answer 43

Yes, there is two: - The Postal Rule* - Regular course of dealings* ## Footnote Commercial Case

Question 44

# Week 2, Formation of Contract: Offer and Acceptance What is the Postal Rule? ## Footnote Acceptance

Answer 44

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. ## Footnote Commercial Case

Question 45

# Week 2, Formation of Contract: Offer and Acceptance What is 'regular course of dealings' and how does it affect acceptance? ## Footnote Acceptance

Answer 45

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 ## Footnote Commercial Case

Question 46

# 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 ## Footnote Acceptance, Unilateral Contracts

Answer 46

"Billings v. Arnott (1945)"- In this case, the "mere act" of signing up constituted acceptance. ## Footnote Commercial Case

Question 47

# Week 2, Formation of Contract: Offer and Acceptance What is the rule in auctions? ## Footnote Acceptance

Answer 47

"The fall of the hammer is acceptance" ## Footnote Explanation

Question 48

# Week 2, Formation of Contract: Offer and Acceptance What are invitations to tender? ## Footnote Offers & Acceptance

Answer 48

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" ## Footnote Explanation