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19 Cards in this Set

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  • Back
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What does a Contract require

Agreement( ie offer & acceptance)


Consideration


Intention


Ability/Capacity

Are Oral Contracts as binding as written?

Yes

When are the Offereor & offered bound? When is the Contract formed?

At time of acceptance

Are Oral Contracts as binding as written?

Yes

In a shop, where does offer & acceptance take place?

At the till - Pharmaceutical Society of Great Britain V boots Cash Chemists Ltd

Must consider tenders submitted compliantly

Blackpool & Flybe Aero Club v Blackpool Borough Council

Blackpool Airport Tender

Tender Process can not have referential bids

Harevela Investments v Royal Trust co Canada

Advertisement Can be Binding

Mrs Carroll v Carbolic Smoke Ball Co.

Counter Offer destroys original offer

Hyde v Wrench

When you counter Offer you HYDE a WRENCH

Reasonable effort to Revoke is enough

Dickenson V Dodds

Only a DICKENSON or DODD dont make a reasonable effort to revoke

Offer expires after a long time or a deadline passes

Quenerduaine V Cole

It takes a long time to say QUENERDUAINE V COLE

The General rule of Acceptance

The General Rule of Acceptance is “The offeror must hear the acceptance” - Entores v Miles Far East Corp

It would be hard to hear Entores from Miles Far East

Does silence does constitute acceptance. Give case

No silence does not constitute acceptance. - Felthouse Bindley

I felt you shouting through the House but it did not Bind Lee

Area you bound if you don’t pick up an email

No

Exceptions to the General Rule - Acceptance by Performance

Brogden v Metropolitan Railway

Exceptions to the General Rule - Acceptance by Performance

Brogden v Metropolitan Railway

Exception to Thew General Rule - Acceptance by Conduct

Percy v Tentham v Archital Luxifer

Exceptions to the General Rule - Acceptance by Performance

Brogden v Metropolitan Railway

When is a genuine offer accepted if acceptance is posted?

A Genuine Offer is accepted when Acceptance is posted - Addams v Lindsell