• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/44

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

44 Cards in this Set

  • Front
  • Back

Contract

An agreement that the law will recognise and enforce

Offer

A statement of proposition intended to form part of a contract which can be accepted or rejected

Invitation to treat

A statement or negotiation which is not an offer

Party

A person who is part of the contract

Consideration

Each party to a contract gives something of value to the other

Breach of contract

Where a contract is broken

Anticipatory breach

One party claims the contract is broken before it's due to be performed

Pharmaceutical society V boots the chemists

Goods on shelves are invitations to treat

Fisher v Bell

Window displays are invitations to treat

Partridge v Crittenden

Advertisements are invitations to treat

Harvey v Facey

Statements of price are invitations to treat

Gibson v Manchester City Council

Schemes to buy council houses are invitations to treat

Carlill v Carbolic Smoke Ball Co

Unilateral offer to the world

Biggs v Boyd Gibbons

Terms were clear so statement of price was an offer

Chapelton v Barry UDC

Offer because all party needed to do was sit down

Taylor v Laird

Offer must be communicated to the offeree

Inland Revenue v Fry

Offeree must know of the offer

Ending an offer

Acceptance


Rejection


Withdrawal


Counter-offer


Lapse of time


Death

Ramsgate hotel

Lapse of time

Hyde v Wrench

Counter- offer

Routledge v Grant

Withdrawal

Stevenson v McLean

Rejection

Communication of acceptance

Positive conduct required



Acceptance when letter posted



Acceptance by telephone when message received

Chapelton v Barry UDC

Offer because all party needed to do was sit down

Executory consideration

Promises yet to be performed

Consideration must:

Have some value (but need not be equal)



Not be in the past



Move from the promise

Social and domestic agreements:

Jones v Padavatton


Balfour v Balfour


Merritt v Merritt


Simpkins v Pays

Business and Commercial Agreements

Jones v Vernon Pools



McGowan v Radio Buxton

Actual breach

Poor performance of contract


Or


Non-performance

Anticipatory breach

One party states or shows by conduct that there will not be performance of the contract (breach occurs before performance due)

Breach of warranty

Beach of a minor term that doesn't go to the root of the contract

Breach of condition

Breach of an important terms that is fundamental to the contract

Anticipatory breach cases:

Hochester v De La Tour



Avery v Bowden

Breach of Warranty case:

Bettini v Gye

Taylor v Laird

Offer must be communicated to the offeree

Breach of condition case:

Poussarrd v Spiers

Inland Revenue v Fry

Offeree must know of the offer

Ending an offer

Acceptance


Rejection


Withdrawal


Counter-offer


Lapse of time


Death

Ramsgate hotel

Lapse of time

Hyde v Wrench

Counter- offer

Routledge v Grant

Withdrawal

Stevenson v McLean

Rejection

Communication of acceptance

Positive conduct required



Acceptance when letter posted



Acceptance by telephone when message received

Executed consideration

Promises have been carried out