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28 Cards in this Set
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- Back
- 3rd side (hint)
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Define Contract 4 points |
*Legally binding agreement Treitel *Agreement = offer + acceptance *Courts objective approach vs parties intentions *Creates certainty |
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Define offer |
expression of willingness to contract on specific terms with intention legally binding agreement
1. Oral 2. Written 3. Implied by conduct |
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Offer must be communicated to offeree |
Taylor v Laird 1856
*no pay for ships captain as ship owners not aware of offer *ships captain resigned but then helped ship home |
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Distnguish offer from ITT & define |
*step in pre - contractual negns
*method to encourage someone to make a offer
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ITT display of goods case |
Pharma Society of GB v Boots Chemists 52
1. Display of goods is ITT
2. Customer makes offer at cash desk which staff can accept/reject
3. D acquitted of selling poisons without supervision
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ITT adverts case |
Partridge v Crittenden 68
Advert Wild birds for sale is ITT
cf w. Carlill case not ITT |
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Advert not ITT case |
Carlill v Carbolic Smoke Ball Co 1893 1. Advert Reward not ITT 2. Offer can be made 1 person/world 3. Not mere puff as money set aside 4. Acceptance by conduct (take ball still contract flu) |
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ITT - Auctions & revocation of offer |
Payne v Cave 1789 *Auction is ITT *Bidder makes offer *Hammer is acceptance S57 (2) SGA79
Offer can be revoked anytime before acceptance |
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Offer set period - Revocation - Timing |
Routledge v Grant 1828
*even if offer open for set time can revoke before expiry of time period |
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Offer - revocation communication |
Byrne v Van Tienhoven 1880
Offer revocation
*general rule must be communicated before acceptance |
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Offer - Revocation (unilateral) |
Shuey v US 1815 *revocation of offer made to world *all reasonable steps to communicate |
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Offer - Revocation - Timing unilateral contract once perf started |
Errington v Errington & Woods 52
*not poss to revoke once party embarked on perf *collateral contract not to withdraw *Hinges on parties intentions
Widower tried to revoke H's offer to transfer house when couple pay off mortgage installments |
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Offer - revocation - communication by 3rd party - 2 points |
Dickinson v Dodds 1876
*revocation valid if reliable 3rd party (not just rumour) and reasonable person would believe *Judged on facts of each case |
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Offer termination - lapse of time |
Ramsgate Victoria Hotel v Montefiore 1866 Unreas. 5 months to accept offer shares |
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Cross - offers no agreement |
Tinn v Hoffman 1873
*if cross offers no agreement as no "meeting of minds" |
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Postal rule in control Royal Mail/obiter re answer machines |
Brinkibon v Stahag Stahl und Stahlwarenhandelsgesellschaft 83
*Obiter re answering machines out of office hours
acceptance when actually received but consider; -intention of parties -sound business practice -judgement as to where risk should lie
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Define acceptance |
Acceptance = final unqualified assent to all terms of offer
Final Unconditional Communicated orally,writing or conduct
Felthouse v Bindley 1862 |
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Counter-offer ends original offer |
Hyde v Wrench 1840
cf. w Stevenson v McLean rfi |
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RFI not counter offer |
Stevenson v McLean 1880 RFI not same as counter-offer With RFI original offer remains in place |
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Postal rule |
Adams v Lindsell 1818 *exception to gen rule acceptance must be communicated *effective when posted and post reasonable method |
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Acceptance - confusing communications |
Henkel v Pape 1870
*Typo in telegram *"three" rifles actual *"the" rifles sent Held for three only
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Acceptance - communication - electronic (telex) |
Entores v Miles Far East Corpn 1955 *Telex when received |
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Courts finding agrt without O+A (1 party already performed) |
Trentham Ltd v Archital Luxifer Ltd 93 |
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Courts find agrt without O+A yacht case |
Clarke v Dunraven "The Satanita" 1897
Contract found to exist b/w contestants in yacht race |
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Courts find agrt without O+A (battle of the forms) |
Butler Machine Tools v Ex-Cell-O Corp 79
*Business exchange std terms *Each doc new counter offer *Last shot principle
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Offer - communication |
Clarke 27
*no acceptance if not aware of offer |
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Courts finding agrt without O+A - laissez-faire |
Gibson v Manchester CC 1979
Lord Denning "laissez-faire"
HoL held LD approach only in exceptional cases |
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Problem q planning |
*Arrange events date order - time/event/legal issues *Contractual significance each event *discuss diff poss. If ambiguous *consider content and communication of exchanges *briefly agrt + reqts and courts objective approach *Remedies incl specific perf *what will each party be thinking *how many contracts are there
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