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18 Cards in this Set
- Front
- Back
Smith v Hughes |
Look at the actions of the parties to objectively access whether a contract has been concluded |
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Flexible Systems v Molkerei |
Do not be concerned with the subjective state of mind of the parties but what was communicated through his acitons |
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Gibson v Manchester City Council |
Letter was in invitation to treat because 'may' and the invitation to 'make a formal application' did not satisfy the offer&acceptance model The parties had not reached sufficiently certain terms |
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Fisher v Bell |
Goods on display in a shop is an invitation to treat not an offer of sale |
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Pharmaceutical Society v Boots |
Evidence that goods on a shelf cannot be an offer of sale but only an invitation to treat; the sales assistant can accept an offer by the purchaser as the till. (required to comply with Pharmacy & Poison Act 1933) |
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Partridge v Crittendon |
An advert (e.g. in a newspaper) is not an offer but merely an invitation to treat |
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Carlill v Carbolic Smoke Ball |
Exception to the rule that an advert is only an invitation to treat because this was considered an offer to the whole world. -Offeror placed money in a bank account which suggested an intention to be bound |
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British Car Auction v Wright |
An auction is an invitation to treat; the auctioneer can accept an offer in the form of a bid and the agreement is formed by the striking down of the hammer |
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Thoreson Car Ferries v Weymouth Ferries |
Objectively look at the action of the parties to see if they have accepted the offer; not interested at their true intention |
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Entores v Miles Far East Corp |
Acceptance of the offer must be delivered directly to the offeror (analogy of aircraft drowning out acceptance and rendering it incomplete) |
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Felthouse v Bindley |
Silence does not generally amount to acceptance because it is unfair to require a party to take positive steps to avoid unwanted contractual obligations |
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Dickinson v Dodds |
An offer can be terminated by revoking it up until the point that the offeree has accepted it |
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Quenerduaine v Cole |
An offer can be terminated through a lapse of time; this is dependent on the subject matter and communication methods of the agreement |
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Hyde v Wrench |
A counter-offer destroys the original offer |
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Stevenson v McLean |
Correspondence can be an inquiry into the terms of the contract and is not always a counter-offer |
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Tamplin v James |
Mistake as to the facts of the agreement does not give rise to a remedy provided the terms were objectively clear |
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Gibbons v Proctor |
Policeman was eligible for the reward because it was a unilateral contract and he provided consideration by providing the information; it did not matter that he was not aware of the offer |
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Hartog v Colin Shields |
A reaosnable person in the position of the claimant would have known the offer did not reflect the true intention of the offeror therefore he cannot enforce the agreement |