Contract Law - formation of a contract

Question 1

Which two lead cases follow the assumption that in a domestic or social agreement, there is a presumption that the agreement was not intended to be legally binding

Answer 1

Balfour v Balfour is distinguished from Merritt v Merritt

Question 2

Name the cases which state domestic agreements can be rebutted where there is evidence suggesting they did intend to form a contract

Answer 2

Merritt v Merritt
Simpkin v Pays
Parker v Clarke
Radmacher v Granatino

Question 3

Name the three cases where there is a presumption that in a commercial context, there is the intention to form a contract

Answer 3

Edwards v Skyways
McGowan v Radio Buxton
Esso Petroleum

Question 4

Which two cases provides that the commercial presumption can only be rebutted where there is very clear wording which states they did not intend to be legally binding

Answer 4

Jones v Vernon Pools
Blue v Ashley

Question 5

Which case says an offer must be definite and certain

Answer 5

Gibson v Manchester City Council

Question 6

Which case says the offer must be communicated by the offeree

Answer 6

Taylor v Laird

Question 7

Which case says an offer is not made when the reply is for a request for information

Answer 7

Harvey v Facey

Question 8

Which two cases says an offer is not just an invitation to treat

Answer 8

Fisher v Bell (shop window)
Patridge v Crittenden (most advertisements are ITT)

Question 9

Which case says that advertisements may sometimes be a unilateral offer

Answer 9

Carlil v Carbolic Smokeball

Question 10

Which case says an offer ends due to a lapse of time?

Answer 10

Liverpool Ramsgate Hotel v Montefoire

Question 11

Which case says the method for acceptance is thew method specified by the offer but can also be another method is this is equally beneficial to the offeror

Answer 11

Yates v Pulleyn

Question 12

Which case says any method of acceptance is allowed by law except silence?

Answer 12

Felthous v Bindley

Question 13

Which case says normally acceptance is only effective when it is communicated to the offeror except by postal rule

Answer 13

Adams v Lindsell

Question 14

Which two cases says normally acceptance is only effective when it is communicated to the offeror except by instant methods of communication takes place when it is reasonably expected to be heard?

Answer 14

Thomas v BPE Solicitors
Brinkibon v Stahag Stahl

Question 15

Which statute says acceptance is not valid if the online customer has not been given key information?

Answer 15

Consumer Protection Regulations 2000

Question 16

Which statute says that if a buyer gives consent by technological means the acceptance is only valid when the buyer receives confirmation that the seller has received its acceptance

Answer 16

E-CommWerce Regulations 2002 Article 11

Question 17

Which two cases say that consideration must be sufficient and not adequate

Answer 17

Thomas v Thomas
Chappell v Nestle

Question 18

Which two cases provide conflicting case law as to what sufficient is?

Answer 18

White v Bluett
Ward v Bytham

Question 19

Which case says consideration must move from the promise?

Answer 19

Tweddle v Atkinson

Question 20

Which case says consideration must not be from the past?

Answer 20

Re: Mcardle

Question 21

Although consideration must not be from the past, which case says a past action might be consideration if it was done at the request of the other party if there was an implied promise of reward?

Answer 21

Lampleigh v Braithwait

Question 22

Which case says for consideration there must not be an existing contractual duty?

Answer 22

Stilk v Myrick

Question 23

Which case says for consideration there must not be an existing contractual duty unless something was significantly different

Answer 23

Hartley v Ponsonby

Question 24

Which case says for consideration there must not be an existing contractual duty unless nothing extra was done but the other party gained a factual benefit from the performance of the existing duty?

Answer 24

Williams v Roffey

Question 25

Which case says for consideration there must not be an existing contractual duty unless the existing duty was owed by a third party?

Answer 25

Shadwell v Shadwell

Question 26

Which two cases say that privity is a rule where only the parties to the contract can sue or be sued on the contract. Third parties have no rights

Answer 26

Beswick v Beswick
Tweddle v Atkinson

Question 27

Which case says for privity, group bookings can claim on behalf of the other party?

Answer 27

Jackson v Horizon Holidays

Question 28

Which case says there is privity in collateral contracts when the court identifies a secondary agreement with the 3rd party, running alongside the main contract?

Answer 28

Pier v Detel

Question 29

Which case says there is privity in restrictive covenants?

Answer 29

Tulk v Moxhay