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20 Cards in this Set
- Front
- Back
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Privity of contract
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Jackson v Horizon Holidays |
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Jackson v Horizon Holidays |
Right to enforce contractual obligations. |
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McLaughlin v Darcy |
A minor can only enforce a contract for necessities. |
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Agreement: Offer - Cases |
Harvey v Facey
Partridge v Crittenden
SGB v Boots Cash Chemists(Southern) Ltd
Carlill v Carbolic Smoke Ball Co |
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Harvey v Facey |
Offer must be promissory. |
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Partridge v Crittenden |
Intention to result in a contract: invitation to treat. |
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PSGB v Boots Cash Chemists(Southern) Ltd |
Invitation to treat. |
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Carlill v Carbolic Smoke Ball Co |
Offer rarely made to the world at large, but this case an exception. |
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Agreement: Acceptance - Cases |
N M Superannuation Pty Ltd v Baker
Adams v Lindsell |
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N M Superannuation Pty Ltd v Baker |
General rule acceptance effective when received. Acceptance made by fax is considered instantaneous; acceptance effective once received at offeror’s end. |
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Adams v Lindsell |
Postal acceptance Rule -> acceptance is effective when posted. |
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Intention: Domestic agreements - Cases |
Woodward v Johnston
Todd v Nicol |
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Woodward v Johnston |
Agreement between spouses not legally enforceable. Presumption NOT rebutted, considering the circumstances. |
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Todd v Nicol |
Successful rebuttable of the presumption à the court held that the agreement between relatives was legally enforceable. |
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Intention: Commercial Agreements - Cases |
Esso Petroleum Ltd v Commissioners of Customs and Excise
Ermogenous v Greek Orthodox Community of SA Inc |
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Esso Petroleum Ltd v Commissioners of Customs and Excise |
Commercial or business transactions presumed to be legally binding. |
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Ermogenous v Greek Orthodox Community of SA Inc |
Existence of an intention to be legally bound ultimately depends on the relevant facts! |
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Consideration - Cases |
Thomas v Thomas
Stylk v Myrick |
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Thomas v Thomas |
May be a thing, money or promise to give or do something, OR a promise NOT to do or give something. Needs to be sufficient not necessarily adequate. |
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Stylk v Myrick |
Past consideration is insufficient. |
