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19 Cards in this Set
- Front
- Back
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Law of promise |
unilateral promise - legal obligation (your word is your bond) |
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Pacta nuda |
Naked agreements - only consent required |
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Pacta vestida |
Clothed agreements - counter-obligation: both parties must provide something - quid pro quo ENG LAW ONLY |
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Gratuitous Obligations |
only 1 party is under an obligation (most are promises BUT some are contracts) |
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Promise (4) |
- 1 party - unilateral - doesn't require agreement - gratuitous obligation |
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Contract (3) |
- more than 1 party - agreement (consensus in idem) - onerous obligation |
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Onerous Obligation |
Both parties under an obligation |
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Examples of Promises (5) |
- Rewards - Cheque guarantee card (was most common) - Option to purchase (commercial leases) - Bank letter of credit - Keeping an offer open (promise contained within an offer) |
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Stone v MacDonald |
- Option to purchase (can buy after specified amount of time) - tenant was not obliged to purchase (gratuitous) |
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Littlejohn v Hadwen |
Keeping an offer open = promised contained within an offer held: offer must stay open for specified amount of time |
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Characteristics of Promise (4) |
- no acceptance needed - no revocation concept promise has been uttered - rejection strikes down obligation - promisor must intend to be legally bound |
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Cawdor v Cawdor 2007 |
no acceptance needed |
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Duguid v Caddall's Trustees (1831) |
- aunt promises her nephew £40/y and £200/y after death whilst he lives with her - falling out, he moves out, she writes him out will held: irrevocable obligation - obligation made gratuitously - once communicated, promise can't be revoked (continues even after death) |
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Bathgate v Rosie (1976) |
- kid breaks Baker's window - Rosie agrees to pay to stop kid getting a beating from her husband - but the bill is too much - maybe kid didn't break window, Rosie under error believing she was liable? held: would have made same promise regardless of price |
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Morton's Trs (1899) |
- made payments to set up Trust - died and still owed 2 payments future intention = legally binding obligation? held: mere expression of probable intention is NOT BINDING |
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Conditional Promises (2) |
- suspensive condition (if... then...) - offers with time limit |
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Petrie v Earl of Airlie (1834) |
- Earl offered reward for naming the author of a defamatory placard (saying he was against a bill to expand H.o.C) - Petrie provided info (of his brother) - Lord Advocate didn't prosecute (not an actual offence) - no detention so no reward Held: Petrie entitled to reward - had fulfilled condition (no detention not his fault) |
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Limitations of Promise |
difficult to differentiate between difference between promise and contract |
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Constitution of Promise (2) |
- intend to be bound? - gratuitous or onerous? |
