Revocation&certainty

Front 1

Butler v Ex-Cell-O 1979

Back 1

Battle of the Forms’

Front 2

Byrne v Van Tienhoven 1880

Back 2

Initial offer can be revoked any time before acceptance, though revocation must be communicated to the offeree. The postal rule is inapplicable to revocation

Front 3

Dickinson v Dodds

Back 3

Indication that an offer will be open until a certain date does not mean the offer cannot be withdrawn, simply that it will lapse on that date. May be different in the case of a firm offer? (e.g offer will be kept open till Friday)

Front 4

Walford v Miles 1992

Back 4

Lock out agreements are potentially enforceable for a specified time if consideration exists

Front 5

Abbott v Lance 1860

Back 5

Implied promise not to revoke after performance has commenced, though revocation will be valid before this point if it is given same degree of notoriety as the offer was.

Front 6

Fitzgerald v Masters 1956

Back 6

References to non-existent terms in a contract can be severed from the contract if they are not material and effect will be given to the remainder of the contract.

Front 7

Quarante v Owners Strata Plan

Back 7

Post contractual conduct relevant to intent to contract

Front 8

Geebung Investments v Varga Group Investments 1995

Back 8

Courts should be the upholders of bargains and not their destroyers, and should avoid an over-nice approach to the arrangements between the parties which results in a disharmony between the parties’ reasonable expectations and what the law provides

Front 9

May & Butcher v R 1934

Back 9

Price “to be agreed” from time to time. Uncertain, no contract

Front 10

Walford v Miles 1992

Back 10

Negotiations subject to contract, was there an implied agreement to negotiate in good faith? Held no duty for an unspecified period, though D must not make misrepresentations.

Front 11

Strzelecki Holdings v Cable Sands 2010

Back 11

Good faith means to act honestly within the framework of fidelity to the bargain, not required to act in the interests of the other. Authority for 4th Masters v Cameron class, binding now, later supersede.

Front 12

Masters v Cameron*

Back 12

Subject to formal contract. Authority for ‘Subject to’ Cases. Three possible classes of case.
1. Immediately bound, later written record
2. Complete agreement: performance conditional on later document
3. No intention to conclude bargain unless or until formal contract drawn up

Front 13

CBA v Dean

Back 13

Parties immediately bound by contract subject to the document being presented in a cleaner form, agreement not altered

Front 14

Niesmann v Collingridge

Back 14

Option to buy, price payable on signing contract. Signing not a condition precedent to agreement therefore there was a binding agreement.

Front 15

Meehan v Jones 1982

Back 15

‘Subject to finance’ agreements not uncertain, condition inserted for benefit of the plaintiff, who has choice.

Front 16

Whitlock v Brew

Back 16

Terms incompletely expressed void for uncertainty 

Front 17

Coal Cliff Case

Back 17

Good faith and consultation obligation too illusory, vague and uncertain