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42 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Elements of a contract |
1)Agreementwhat between both parties 2) Consideration 3) intention to be legally bound |
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An offer? |
Preposition made by one party go another on terms that are fixed or capable of being fixed. With the intention it will be biding upon acceptance haevey |
Preposition by?
Intention that? |
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Harvey v Facey |
The telegram send by Facey was simply a request for more information and was not an offer |
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Loftus v Roberts |
"West end salary to be mutually agreed by us" was too vague and uncertain to amount to an offer |
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An invitation to yreat |
An invitation for offers |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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Advertisements P V C? |
Partridge v Crittenden - agreement was an an ITT - no offence was committed using a literal approach to the interpretation of the offence. |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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Advertisements P V C? |
Partridge v Crittenden - agreement was an an ITT - no offence was committed using a literal approach to the interpretation of the offence. |
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Exceptions to Adverts? (1) |
Leftkowitz v Great Monneapolis surplus store / wording suggests to be bound |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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Advertisements P V C? |
Partridge v Crittenden - agreement was an an ITT - no offence was committed using a literal approach to the interpretation of the offence. |
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Exceptions to Adverts? (1) |
Leftkowitz v Great Monneapolis surplus store / wording suggests to be bound |
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Exceptions to adverts (2) |
If offer is to the whole world (unilateral offer). No requirement that the offeree communicates an intention to accept. - it's through full performance. |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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Advertisements P V C? |
Partridge v Crittenden - agreement was an an ITT - no offence was committed using a literal approach to the interpretation of the offence. |
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Exceptions to Adverts? (1) |
Leftkowitz v Great Monneapolis surplus store / wording suggests to be bound |
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Exceptions to adverts (2) |
If offer is to the whole world (unilateral offer). No requirement that the offeree communicates an intention to accept. - it's through full performance. |
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Carlil v Carbolic Smoke Ball |
Was an offer not a mere sales puff, as they deposited £1000 in the back, thus suggesting there was an intention to be legally bound. |
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Tenders |
Estimate given in response to a request. |
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An invitation to yreat |
An invitation for offers |
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Fisher V Bell |
Offer made by customer - shop keeper has the discretion to accept or reject |
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Advertisements P V C? |
Partridge v Crittenden - agreement was an an ITT - no offence was committed using a literal approach to the interpretation of the offence. |
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Exceptions to Adverts? (1) |
Leftkowitz v Great Monneapolis surplus store / wording suggests to be bound |
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Exceptions to adverts (2) |
If offer is to the whole world (unilateral offer). No requirement that the offeree communicates an intention to accept. - it's through full performance. |
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Carlil v Carbolic Smoke Ball |
Was an offer not a mere sales puff, as they deposited £1000 in the back, thus suggesting there was an intention to be legally bound. |
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Tenders |
Estimate given in response to a request. |
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What is a tender not supposed to do? |
Act as a an offer to use the person quoting the lowest price! |
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Tenders (Spencer V Harding) |
Offer comes from the person making the tender - which can then be accepted or rejected. Advert did not state: "highest tender would be accepted" no obligation to sell. |
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Auction Sales |
Auctioneer is inviting bids - ITT Bidder is making offer. Auctioneer can accept or reject. |
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Auction Sales |
Auctioneer is inviting bids - ITT Bidder is making offer. Auctioneer can accept or reject. |
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Payne V Cave |
Acceptance is communicated by the fall of hammer. Offer can be rejected any time before acceptance. |
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Auction Sales |
Auctioneer is inviting bids - ITT Bidder is making offer. Auctioneer can accept or reject. |
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Payne V Cave |
Acceptance is communicated by the fall of hammer. Offer can be rejected any time before acceptance. |
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Where are auctions now covered? |
S.57(2) Sales of Goods act 1979 |
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Auction ( Warlow v Harrison ) |
Auctioneer makes the offer. - intending to be bound to the highest bidder. |
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