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18 Cards in this Set
- Front
- Back
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Legal presumptions |
- social and domestic context = no intention between family and friends - business context = intention is presumed |
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Robertson v Anderson (2003) |
- bingo ladies case - 2 ladies travelled regularly to bingo - Mrs A wins 6-figure sum - Mrs R claims she said she'd go halvers - Mrs A says that was merely banter held: assessment on words & deeds would reasonable man conclude intention to create legal relations? (objective test) - was in social context but there was agreement so legal obligation imposed |
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Consensus in idem |
Meeting of the minds |
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Will theory of contract |
meeting of the minds (2) |
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Robertson v Anderson (2003) test |
- actions and words intended a binding legal intention - no need for consent but only APPEAR to consent |
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Muirhead & Turnbell v Dickson (1905) |
- company supplied Mr D with a piano - paid in instalments but fell into arrears - company tried to repossess piano - what type of contract? hire or higher purchase? held: contract of sale (not hire) "commercial contracts are made according to what people say" |
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Agreement |
offer + acceptance - must coincide |
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DCFR 11.04.201 definition: |
1. proposal is an offer if a) intended to result in a contract b) contains definite terms to form a contract 2. may be made to one or more persons or public at large |
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Limitations of agreement (3) |
- instantaneous contracts (simultaneous offer of payments + acceptance for newspaper) - protracted negotiations (exchanging terms for house sale) - standard form contracts (pre-printed definite terms) |
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Mathieson Gee Ltd v Quigley (1952) - the mouldy pond - |
- company believes it's hiring out machinery ONLY - Dr Q thinks it's machinery AND workmen H.o.L held: no consensus in idem terms of offer did not equal terms of acceptance NEVER COINCIDED |
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Characteristics of an Offer (4) |
- a proposal to enter into a contract (invites agreement) - intention to be legally bound - sufficiently definite terms (essential terms) - can be withdrawn up to point of acceptance |
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Invitation to Treat |
To make an offer - pre-contractual step - response to invitation would be an OFFER - no intention to be legally bound |
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Ads & Catalogues |
Invitation to Treat - if an offer then it would be commercially unworkable - company wouldn't be able to refuse to supply (even if out of stock) or would breach contract - look at function: advertising method or serious intention? |
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Grainger & Son v Gough (1896) p.333 - 334 |
- London wine merchants release catalogue with price list of French wine producer - states it FR will "ship champagne" when requested - customers make an offer when ordering or is it company's choice to accept? held: catalogues = invitation to treat |
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Shop Displays |
acceptance comes by taking payment - receipt confirms contract |
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Fisher v Bell (1961) - flick knife case - |
- is what is on display in a shop an offer or invitation to treat? held: goods on display = invitation to treat |
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Thornton v Shoe Lane Parking (1971) - bbc interview case - |
- paid at car parking machine for parking - car damaged, who is liable? - at what point did he enter into a contract? held: moment he paid which produced a ticket |
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Vending Machines |
- standing offer to general public - take ticket after paying = moment contract is entered into |
