Contract Law - Agreement To Contract

Front 1

Define contract

Back 1

Legally binding agreement (by two or more people which rights are aquired to acts or forbearances on the part of the other or others)

Front 2

What are the 4 essential elements in the formation of a contract

Back 2

1. Offer
2. Acceptance
3. Consideration
4. Intention to create legal relations

Front 3

What is the meaning of objective in the context of agreement to contract

Back 3

The Judge decides what each party was reasonably entitled to conclude from the attitude of the other

Front 4

Define "Offer"

Back 4

an expression of willingness to contract on clear terms made with the intention that a binding contract will arise if it is accepted

Front 5

How may an offer be made? (3)

Back 5

Orally, in writing or implied by conduct (i.e. starts using the goods that have been sent)

Front 6

Name of case where the offer was not specific but made to the world

Back 6

Carllil v Carbolic Smoke Ball Co (1892)

Front 7

Offers must be distinguished from invitations to Treat (ITT)

Case - statement of lowest cash price was ITT

Back 7

Harvey v Facey (1893) sale of land negotiatons

Front 8

Statute regarding auctions being Invitations to Treat

Back 8

s57 (2) Sale of Goods Act 1979

Front 9

Offers must be distinguished from invitations to Treat (ITT)

Case where a display was ITT

Back 9

Fisher v Bell (1961) - flick knife

Front 10

Offers must be distinguished from invitations to Treat (ITT)

Case where advertisment was ITT

Back 10

Patridge v Crittenden (1968)

Front 11

Case demonstrating that an offer is only valid if it is communicated and there can be no acceptance of an offer that you aren't aware of

Back 11

Taylor v Laird ((1856) - ships captain sailed ship back without owners awareness and claimed wages.

Front 12

What was established in Payne v Cave (1789) regarding revocation of an offer

Back 12

That the offeror can revoke or withdraw his offer at any time until it is accepted

Front 13

Case which establishes that in ulilateral offers the reward cannot be claimed by someone who didn't know of the offer

Back 13

Fitch v Snedaker (1868) New York case

Front 14

Case which states that motive isn't relevant in unilateral offers

Back 14

Williams v Cawardine (1933) - gave info to settle conscience but still entitled to claim reward

Front 15

Case which held that in unilateral contracts the power to revoke is lost if the continuing condition is being fulfilled

Back 15

Errington v Errington and Woods (1952) - daughter in law and son still paying mortgage

Front 16

What ways other than revocation can mean an offer is incapable of being accepted (4)

Back 16

Lapse of time, death, failure of unconditional precedent, acceptance (i.e. if made to a several people and one accepts)

Front 17

What must acceptance be? (3)

Back 17

Final, unconditional and communicated (either orally, in writing or inferred by conduct)

Front 18

What is a cross-offer and what impact does this have on the formation of a contract

Back 18

When both parties make identical offers to each other more or less at the same time.
There is no contract as there has been no acceptance

Front 19

Case regarding cross offers and the fact that there is no contract because there has been no acceptance

Back 19

Tinn v Hoffman & Co (1873)

Front 20

a) What is it called when an offeree accepts but adds a new term?
b) what is the effect on acceptance?

Back 20

a) Qualified acceptance

b) No valid acceptance. This is a counter offer.

Front 21

Case which highlights that a counter offer which seeks to vary the terms ends the original offer and that acceptance must be a "mirror image"

Back 21

Hyde v Wrench (1840)

Front 22

What rule applies to the battle of the forms and what is it

Back 22

The last shot rule means that the contract is concluded on the terms of the last document to be sent before performance commences

Front 23

Case which demonstrates the battle of the forms and last shot rule

Back 23

Butler Machine Tool Co v Ex-Cell-O Corp (1979)

Front 24

When can the last shot rule in the battle of the forms be displaced

Back 24

If evidence shows that the parties intended something different i.e in a long term relationship

Front 25

Give 2 scenarios involved in tender offers (4)

Back 25

a) Definite quantity to be delivered a specific time - acceptance of tender =binding contract
b) Goods which 'may' be required in specfic time - suppliers standing offer is only accepted when the order is placed

Front 26

Case involving standing orders and the acceptance of the offer only being when the order is placed and that once the order is placed the standing offer can not be revoked until that order is executed

Back 26

Great Northern Railway Co v Witham (1873)

Front 27

What is a referential bid and what did House of Lords imply about these in Harvela (1985) (2)

Back 27

When a bid is made in relation to anothers' bid i.e. £200K or £10K in excess of of any other offer.
These are not acceptable unless there are express words allowing such bids

Front 28

a) Case demonstrating that silence cannot equal agreement

b) Statute that also covers this

Back 28

a) Felthouse v Bindley (1862) - horse, uncle and nephew

b) Consumer Protection (Distance Selling) Regulations 2000

Front 29

What is the postal rule?

Back 29

Acceptance is effective as soon as a letter is posted indicating this

Front 30

Case demonstrating the postal rule

Back 30

Adams v Lindsell (1818) - wool sale

Front 31

How can the postal rule be excluded?

Back 31

By the mode of acceptance being expressly stipulated

Front 32

Case where a letter received in business hours was deemed as effective communication even if unopened

Back 32

The Brimnes (1975) - communication of revocation in this case

Front 33

What is the general rule on communication and is this objective or subjective

Back 33

General approach is that agreement should be communicated and the test is subjective (did the parties think they had communicated agreement)

Front 34

Case which established that revocation must be communicated

Back 34

Byrne v Van Tienhoven (1880)

Front 35

Case highlighting that acceptance must be communicated and heard

Back 35

Entores v Miles Far East Corporation (1955)

Front 36

Case where in a unlilateral offer once performance has begun the offeror shouldn't withdraw or attempt to prevent performance

Back 36

Daulia v Four Millbank Nominees (1978)

Front 37

Four statutes which govern agreement and a brief description of their purpose or effect

Back 37

1. Sale of Goods Act (1979) - implied terms which are deemed to be agreed
2. UCTA 1977 - governing the extent to which parties can contract out of implied terms
3. Unsolicited Goods and Services Act 1971 ammended by Consumer Protection Distance Selling Regs 2000 - in certain circumstances the goods sent are unconditional gifts
4. Electronic Communications Act 2000 - agreement only when customer has received acknowledgment and confirmed receipt