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44 Cards in this Set
- Front
- Back
Contract |
An agreement that the law will recognise and enforce |
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Offer |
A statement of proposition intended to form part of a contract which can be accepted or rejected |
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Invitation to treat |
A statement or negotiation which is not an offer |
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Party |
A person who is part of the contract |
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Consideration |
Each party to a contract gives something of value to the other |
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Breach of contract |
Where a contract is broken |
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Anticipatory breach |
One party claims the contract is broken before it's due to be performed |
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Pharmaceutical society V boots the chemists |
Goods on shelves are invitations to treat |
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Fisher v Bell |
Window displays are invitations to treat |
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Partridge v Crittenden |
Advertisements are invitations to treat |
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Harvey v Facey |
Statements of price are invitations to treat |
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Gibson v Manchester City Council |
Schemes to buy council houses are invitations to treat |
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Carlill v Carbolic Smoke Ball Co |
Unilateral offer to the world |
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Biggs v Boyd Gibbons |
Terms were clear so statement of price was an offer |
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Chapelton v Barry UDC |
Offer because all party needed to do was sit down |
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Taylor v Laird |
Offer must be communicated to the offeree |
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Inland Revenue v Fry |
Offeree must know of the offer |
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Ending an offer |
Acceptance Rejection Withdrawal Counter-offer Lapse of time Death |
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Ramsgate hotel |
Lapse of time |
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Hyde v Wrench |
Counter- offer |
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Routledge v Grant |
Withdrawal |
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Stevenson v McLean |
Rejection |
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Communication of acceptance |
Positive conduct required
Acceptance when letter posted
Acceptance by telephone when message received |
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Chapelton v Barry UDC |
Offer because all party needed to do was sit down |
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Executory consideration |
Promises yet to be performed |
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Consideration must: |
Have some value (but need not be equal)
Not be in the past
Move from the promise |
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Social and domestic agreements: |
Jones v Padavatton Balfour v Balfour Merritt v Merritt Simpkins v Pays |
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Business and Commercial Agreements |
Jones v Vernon Pools
McGowan v Radio Buxton |
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Actual breach |
Poor performance of contract Or Non-performance |
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Anticipatory breach |
One party states or shows by conduct that there will not be performance of the contract (breach occurs before performance due) |
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Breach of warranty |
Beach of a minor term that doesn't go to the root of the contract |
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Breach of condition |
Breach of an important terms that is fundamental to the contract |
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Anticipatory breach cases: |
Hochester v De La Tour
Avery v Bowden |
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Breach of Warranty case: |
Bettini v Gye |
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Taylor v Laird |
Offer must be communicated to the offeree |
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Breach of condition case: |
Poussarrd v Spiers |
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Inland Revenue v Fry |
Offeree must know of the offer |
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Ending an offer |
Acceptance Rejection Withdrawal Counter-offer Lapse of time Death |
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Ramsgate hotel |
Lapse of time |
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Hyde v Wrench |
Counter- offer |
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Routledge v Grant |
Withdrawal |
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Stevenson v McLean |
Rejection |
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Communication of acceptance |
Positive conduct required
Acceptance when letter posted
Acceptance by telephone when message received |
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Executed consideration |
Promises have been carried out |