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Law: Y1 > Y1S1 > Flashcards

Y1S1 Flashcards

1
Q

Offer Authoritative definition

A

“An offer is an expression of willingness to contract, made with the intention that it shall become binding upon the person making it as soon as it is accepted by the person whom it it addressed” Air Transworld Ltd v Bombardier Inc. [2012].

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2
Q

Carlill v Carbolic Smoke Ball Co [1893]

A

Advert is capable of being a contractual offer where there is sufficient evidence of intention

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3
Q

Pharmaceutical Society of Great Britain v Boots Cash Chemists (southern) Ltd [1953]

A

Items displayed for sale are normally invitations to treat.

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4
Q

Gibson v Manchester City Council [1979]

A

Uncertain language will prevent a proposal being a contractual offer

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5
Q

Storer v Manchester City Council [1974]

A

sufficiently certain language will create a legally binding offer

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6
Q

Blackpool and Fylde Aero Club Ltd v Blackpool BC [1990] 1 WLR 1195

A

Invitation to submit a tender would usually not carry intent but due to the fact this did, the defendants are liable as they failed to consider the plaintiffs offer

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7
Q

Fisher v Bell [1961] 1 QB 394

A

Display of knife was invitation to treat

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8
Q

Lefkowitz v Great Minneapolis Surplus Stores 86 NW 2d 689 (1957)

A

Fur coats

Unilateral contracts cannot have terms added onto them once they have been accepted

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9
Q

Partridge v Crittenden [1968] 1 WLR 1204

A

Sale of birds, convicted then repealed, not equivalent to a handshake moment

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10
Q

Acceptance Authoritative Definition

A

An acceptance of an offer is an indication, express or implied, by the offer made whilst the offer remains open and win the manner requested in that offer of the offerees willingness to be bound unconditionally to a contract with the offeror on the terms stated in the offer” Halsbury’s Laws, Vol 22 (2012), para 251

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11
Q

Felthouse v Bindley 142 ER 1037

A

there must be an indication of willingness to. Be bound (acceptance must be communicated)

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12
Q

must be indication of willingness to be bound unless

A

the offeree makes the proposal (Re Selectmove [1995] 1 WLR 474)

In a unilateral contract, the requirement of notification of acceptance has been waived (Carlill v Carbolic smoke ball Co [1893] 1 QB 256)

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13
Q

Brogden v Metropolitan Railway Co (1877) 2 App Cas 666

A

the indication can be express or implied.

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14
Q

Manchester Diocesan council for education v Commercial and General Investments Ltd [1969] 3 All ER 1593

A

acceptance must be in the manner requested (or at least a method that is no less advantageous)

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15
Q

Ramsgate Victoria Hotel v Montefiore 1866 CR 1 Exec 109

A

An offer will lapse after a reasonable time

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16
Q

(Dickinson v Dodds [1876] 2 CH D 463)

A

An offer can be withdrawn by notice

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17
Q

Hyde v Wrench (1840) 3 Beav 334

A

A counter offer extinguishes and earlier offer.

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18
Q

Adams v Lindsell (1818) 1 B & Ald 681

A

Postal Rule

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19
Q

Entores LD v Miles Far East Corporation [1955] 3 WLR 48

A

Postal rule doesn’t apply to instantaneous forms of communication.

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20
Q

Butler v Ex-Cell-O Corp (England) Ltd [1979] 1 WLR 401

A

The last set of terms presented are the ones that apply

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21
Q

Byrne v Van Tienhoven (1880) 5 CPD 344

A

withdrawal of offer ineffective due to earlier acceptance

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22
Q

Errington v Errington [1952] 1 KB 290

A

Unilateral contracts means offer cannot be revoked after acceptance

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23
Q

Dunlop Pneumatic Tyre Co. v Selfridge & Co Ltd. [1915] - Consideration def

A

“…the price of which the promise of the other is bought…”

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24
Q

Thomas v Thomas (1842) 2 QB 85 I

A

Consideration need not be adequate.

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25
Q

White ve Blues (1853)

A

But it must be sufficient

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26
Q

Roscorla v Thomas (1842)

A

Past Consideration is no consideration

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27
Q

White ve Bluett (1853)

A

But it must be sufficient

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28
Q

Collins v Godefroy (1831)

A

Performance of an existing duty imposed by law is not good consideration

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29
Q

Hartley v Ponsonby (1857)

A

Performance of an existing contractual duty is not good consideration except if it has a practical benefit .

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30
Q

Shadwell v Shadwell

A

Performance of an existing contractual duty is not good consideration except when extending a duty

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31
Q

Chappell & Co v Nestle Co Ltd [1960] AC87

A

Regardless of value consideration if it has some value It is still good consideration.

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32
Q

Currie v Misa (1875) LR 10 Ex 153

A

Consideration must show a loss for one party and a gain for another (cannot be already existing)

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33
Q

Foakes v Beer (1884) 9 App Cas 605

A

There must be some independent benefit coming from the consideration. - part payment of the debt can never be consideration for the debt

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34
Q

Lampleigh v Braothwait (1615) Hob 105

A

Past consideration is no consideration but if it is done at the promisers request with the promise of payment.

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35
Q

Re Caseys Patents (1892) 1 Ch 104

A

Past consideration can make the promise binding in some cases, if theres understanding of renumeration in the case.

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36
Q

Re McArdle [1951] Ch 669

A

Agreement to pay is not sufficient to constitute consideration, past consideration is no consideration.

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37
Q

Ward v Byham [1956] 1 WLR 496

A

When you have gone above the existing legal duty it is good considertation.

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38
Q

Williams v Williams [1957] 1 WLR 148

A

Performance of an existing duty imposed by law can be good consideration provided it wasn’t …..

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39
Q

Authoritative definition of intention

A

To create a contract there must one a common intention of the parties to enter into legal obligations, mutually communicated expressly or impliedly

per Atkin LJ in Rose & Frank Co v JR Crompton & Bros Ltd [1925] AC 445

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40
Q

OT Africa Line Ltd v Vickers Plc [1996]

A

any reasonable person would see intention (price from $ -> £

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41
Q

Balfour v Blafour [1919] 2 KB 571

A

Domestic presumption

Presumption of ‘no intention’ in social and domestic agreements

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42
Q

Jones v Padavatton [1969] 1 WLR 328

A

The domestic presumption can apply outside of marriage

Daughter come home from america

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43
Q

Merritt v Merritt

A

domestic presumption is only a presumption

When separated they bargain keenly

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44
Q

Edwards v Skyways Ltd

A

The presumption of intention in commercial agreements

ex gratis payment denied, needed to be paid

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45
Q

Rose &Frank Co v JR Crompton & Bros

A

Commercial presumption is only a presumption

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46
Q

Sadler v Reynolds [2005] EWHC 309 (QB)

A

Where an agreement is not obviously social or obviously commercial it is for the claimant to prove that there is legal intention but that is not as hard as it would be in a social agreements

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47
Q

Parker v Clark [1960]

A

Heavy reliance on agreement will show intention to create legal relations

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48
Q

Gould v Gould

A

A lack of certainty suggests no intention for legal relations

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49
Q

Bowerman v ABTA Ltd [1996] CLC 451

A

advert about Travel agency solvency

would an ordinary person would see it as intent to create legal relations - was intention

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50
Q

Esso Petroleum Co v Commissioners of Customs and Excise [1976] 1 WLR 1

A

Esso free gift with 4 gallons of fuel, no contract due to consideration BUT did have consideration

51
Q

Ford motor co v AEF trade union agreement

A

in collective agreements it is necessary to examine context

52
Q

Implied terms

A

Contractual obligations that have not been said by the parties

53
Q

Express terms authoritative definition

A

“…those terms which are actually recorded in a written contract or openly expressed at the time the contract is made.”

H Beale, Chitty on Contract (31st, Sweet & Maxwell,2104), Ch13, Para 001

54
Q

Implied terms authoritative definition

A

“In addition to the terms which the parties have expressly adopted, there may be other terms imported into the contract, these latter generally being known as “implied terms””- Halisburys laws

55
Q

Chapleton v Barry UDC [1940] 1 KB 532

A

Other written terms can be incorporated if…they are on a contractual document

56
Q

Olley v Marlborough Court Ltd [1949] 1 KB 532

A

Other written terms can be incorporated if…they are “in time”

57
Q

Thornton v Shoe Lane Parking [1971] 2 QB 163

A

Other written terms can be incorporated if reasonable notice has been provided

Some terms are so serious and extreme you would need to almost show it with a big red hand pointing

58
Q

Representation Authoritative definition

A

A representation is a term when the parties objectively intend it to be

Helibut, Symons and Co v Buckleton [1913] AC 30

59
Q

Bannerman v White (1861 CB NS 844

A

More likely to be a term if it is of clear importance to the representative

60
Q

Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623

A

Dealer clocked car mileage

More likely to be a term if the representer has special knowledge

61
Q

Schawel v Reade [1913] 2 IR 81

A

seller discourages from inspection then its part of contract for horse to be sound

More likely to be a term if the representor accepts responsibility for the truth of the statement

62
Q

Oscar Chess Ltd v Williams [1957] 1 WLR 370

A

car was ‘38 not 48’ for part ex but didn’t know

Less likely to be a term as the represent has greater or equal knowledge

63
Q

Ecay v Godfrey (1947) 80 Li L Rep 286

A

encouraged to check boat

Less likely to be a term if the represent was encouraged to verify it

64
Q

Intrepreuener Pub Co v East Crown Ltd [2000] 2 Lloyds Rep 611

A

Less likely to be a term if there is a delay between statement and contract

65
Q

Routledge v Mckay [1954] 1 WLR 615

A

Less likely to be a term if it is not contained within the written contract

66
Q

The Moorcock (1889) 14 PD 64

A

Business efficacy test

Is the term necessary to make the contract work?

67
Q

Shirlaw v Southern Foundries [1939] 2KB 206

A

The officious bystander test

would a third party say don’t you need X term?

68
Q

Liverpool City Council v Irwin [1977] AC 239

A

Lease of block of flats

This is a contract of a sufficiently common type and in contracts like this the landlord is normally responsible for maintaining common areas

69
Q

British Crane hire Corporation Ltd v Ipswich Plant Hire Ltd [1975] QB 303

A

Hire of diggers and damaged it

The custom and practice of the industry and the custom and practice between the two parties was that it was the hirers responsibility so the term was implied.

70
Q

What is the principle of Caveat emptor?

A

in purchase contracts, it is up to the buyer to ensure that they are buying what they think they are buying

71
Q

Sale of Goods Act 1979 s13

A

where there is a description of goods there is an implied condition that the goods will match the description

Does not apply to business to consumer transactions

72
Q

Supply of goods and Services act 1982

A

Implied terms in contract for the supply of services

B2B

73
Q

Consumer Rights Acts 2015

A

Business to consumer contracts only (s.1(1))

Not to mortgages or other securities (s.3(3)(c))

74
Q

Scammell & Nephew Ltd v Outson [1941] AC 251

A

Where the terms of the contract are too uncertain, there is no contract

75
Q

Attorney-General of Belize v Belize Telecom Ltd [2009] UKPC 10

A

The court cannot imply terms simply to make the contract easier

76
Q

Hutton v Warren (1836) 1 M&W 466

A

common practice of tenancies in farming to contain this clause

77
Q

M&S v BNP [2015] UKSC 72

A

terms should not be implied simply because it would be fair or if the parties would have agreed to it had it been suggested

78
Q

Shell UK Ltd v Lostock Garages Ltd [1976] 1 WLR 1187

A

contract wasn’t unreasonable at time of inception, therefore is fine

79
Q

Breach

A

Without lawful excuse, a party fails rot comply fully or at all with an express or implied term

80
Q

What remedies are available?

A

Legal Remedies
and/or
Equitable Remedies

81
Q

legal remedies

A
  • Agreed sum/price
  • Unliquidated damages
  • Termination
82
Q

Equitable Remedies

A
  • Specific Performance
  • Injunction
  • Dasmages
83
Q

Agreed sum/price

A

Liquidated damages clause in a contract that is an agreed price
Liquidated damages

84
Q

Unliquidated damages

A

Where there is no clause; Unliquidated damages decided by judge

85
Q

Legal Rem - Agreed sum/price

A

Liquidated damages clause in a contract that is an agreed price
Liquidated damages

86
Q

Legal rem - Unliquidated damages

A

Where there is no clause; Unliquidated damages decided by judge

87
Q

Legal Rem - Termination

A

Repudiatory breach entitles termination

88
Q

Equit. Rem - Specific Performance

A

Order of court compelling them to carry out a specific part of the contract

89
Q

Equit. Rem - Injunction

A

May be granted to restrain a breach - stopped from breach

90
Q

Equit. Rem - Account on profits

A

Rare

Get an order to recover profits made by the breach of duty

91
Q

Equit Rem. - Damages

A

Compensatory not punitive

Put claimant back into position they would’ve been if contract had been performed.

No damages just because you agreed to a shit contract

92
Q

How can damages be reduced?

A
  • But for causation
  • Remoteness
  • Failure to mitigate (under obligation so)
93
Q

Farley v Skinner [2001] UKHL 49

A

Expectation interest

94
Q

Anglia Television v Reed [1972] 1 Q.B. 60

A

Reliance interest recoverable if expectation interest is incalculable but not just to avoid a bad bargain

95
Q

Ruxley Electronics & Construction Ltd v Forsyth [1995] UKHL 8

A

In calculating the expectation interest the courts must decide wether to award the distance in value or the cost

96
Q

Jarvis v Swan Tours Ltd [1973] EWCA Civ 8

A

specific purposes of enjoyment or entertainment damages can be awarded for distress, disappointment or frustration causing breach of contract

97
Q

South Australia Asset Management Corporation v York Montague Ltd [1996] UKHL 10

A

The claimant can only recover losses which have been directly caused by the breach i.e. which would not have occurred “but for” the breach”

98
Q

Hadley v Baxendale [1854] EWHC Exch J 70

A

Loss was unforeseeable but can only be claimed if:

(1) arises from the breach itself
(2) was objectively in the contemplation of the parties at the time of contracting as probable results of the breach

99
Q

Victoria Laundry v Newman [1949] 2 K.B. 528

A

same as Hadley baxendale but loss was foreseeable so could claim

100
Q

Brace v Calder and Others [1895] 2 Q.B. 253

A
  • failure to mitigate

- After a breach the claimant has a duty to take all reasonable steps to minimise its losses

101
Q

Arcos Ltd v EA Roans’ & Son [1933] AC 470

A

A failure to comply with terms of a contract will amount to a breach.

102
Q

Bolton v Mahadeva [1972] 1 WLR 1009

A

Where a contract can be easily divided into component parts a defendant may be taken to be in breach in respect to one part only.

103
Q

Maple Flock Company, Limited v Universal Furniture Products (Wembley), Limited [1934] 1 KB 148

A

Wquantative ratio which the breach bares to the contract as a whole

104
Q

Hochster v De La Tour (1853) 2 E & B 678

A
  • Anticipatory breach
  • Where a party indicates in advance that he/she will not perform his/her obligations, the other party need not wait for the breach.
105
Q

ss. 5, 8 and 32 Limitation Act 1980

A

Breach of contract claim - - 6 years from date of breach (s.5)
- Breach of contract where contract is made by deed - 12 years from date of breach (s.8)
S.32 where there is a fraud the limitation doesn’t begin until the claimant discovers the fraud

106
Q

Cavendish Square Holding BV v Makdessi [2015] 3 WLR 1373

A

If liquidated damages are disproportionate they will be deemed to be a penalty clause and therefore unenforceable.

107
Q

Innominate Term

A

A term that cannot be identified as a condition or a warranty

108
Q

Warranty

A

A guarantee or promise that certain acts will be performed

109
Q

L’Estrange v E Graucob Ltd [1934] 2 KB 394

A

If it is in a signed written contract it is certainly an express term

110
Q

Smith v Hughes (1871) LR 6 QB 597

A

Example of caveat emptor

111
Q

Mere representation

A

A statement, which relates to a matter of fact or present intention.

112
Q

Williams v Roffey Brothers [1991] 1 QB 1

A

Agreement is unenforceable as there was no consideration for extra payment

113
Q

Stilk v Myrick (1809) 2 Camp 317.

A

Performance of an existing duty is not good consideration.

114
Q

Wallis , Son & Wells v Pratt - Condition

A

Term the goes to the heart of a contract

115
Q

if a breach of condition

A

Termination and Damages

116
Q

If breach of a warranty

A

Damages

117
Q

Hong Kong Fir v Kawasaki

A

Innominate term definition - term that doesn’t go to the heart of a contract

118
Q

Poussard v Spiers & Pond

A

unavailable to play starting shows,

Creates serious detriment its a breach

119
Q

Charles Rickards v Oppenhaim

A

Time can be made of the essence by notice

120
Q

United Scientific Holdings v Burnley BC

[1977] 2WLR 806

A

Time is not usually of the essence unless there are conditions

121
Q

The Mihalis Angelos

A

the parties own labels matter

122
Q

Bilateral Contract

A

Offer and offeror are bound from moment of agreement

123
Q

Unilateral contract

A

Offeror is bound from the offer’s performance

124
Q

Henthorn v Fraser [1892] 2 Ch 27

A

postal rule does not apply to revocation of an offer

Law: Y1 (6 decks)

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