3 - Essential requirements of a contract

Question 1

The essential requirements of a contract

Answer 1

• The Agreement
• Offer
• Acceptance
• Consideration
• Privity of Contract
• Intention to create legal relations

Question 2

The agreement

Answer 2

For an agreement to be made it must be a valid offer followed by a valid unconditional acceptance of the offer

Question 3

Offer

Answer 3

The offeror will usually state verbally or in writing that they will be bound by the terms of the offer following a valid acceptance and that they have an intention to create legal relations

The contract will not be formed until the offereee accepts the terms in the offer

Question 4

Offer - invitation to treat

Answer 4

this is where there is negotiation about the offer – it is an invitation for parties to make offers

Question 5

Goods on Display – an invitation to treat not an offer

Answer 5

Simply picking up an item would not be seen as making an acceptance
A display of goods is simply an invitation to treat

Question 6

Pharmaceutical Society v Boots Chemist 1953

invitation to treat

Answer 6

The drugs on display was held to be an invitation to treat and not an offer

Question 7

Goods or services advertised in the media

Answer 7

The advertisement is not an offer but an invitation to treat to buy what is advertised.
The exception to this rule is if the advertisement is made where a reward will be paid.

Question 8

Partridge v Crittenden 1968

Answer 8

He was advertising wild birds for sale – (criminal offence to sell wild birds)
However it was an invitation to treat and not an offer

Question 9

unilateral offer

Answer 9

those where the claim on the advert is relied upon

Question 10

counter offer

Answer 10

If an offeree decides they would like to change the terms of an offer ie. Put the price up then this is called a counter offer
A counter-offer ends the original offer and becomes a new offer.
The counter offer can be accepted or rejected

Question 11

Hyde v Wrench 1840

Answer 11

W offered to sell his farmland to H for £1,000 and rejected H’s counter offer of £950, selling to someone else for the full £1,000

Question 12

communication of offers

Answer 12

An offeree cannot accept an offer that has not been communicated to them.
Clearly it would be impossible to accept an offer if the offeree has not knowledge of it

Question 13

Taylor v Lair 1856

Answer 13

T had commanded L’s ship but decided on the voyage that he would resign and just work as normal crew.
On his return to England he tried to claim wages – wasn’t able to as he has not communicated his offer and therefore there was no contract.

Question 14

acceptance

Answer 14

offer must be accepted by the offeree and that acceptance communicated back to the offeror. This changes an offer into an agreement

Question 15

Acceptance must -

Answer 15

Mirror the offer
Not change the terms of the offer
Be communicated properly back to the offeror

Question 16

Unconditional acceptance

Answer 16

Making enquiries about the offer may not amount to a counter offer and therefore may not be taken as rejecting the original offer

Question 17

Communication of acceptance

Answer 17

• The acceptance of the offer has to be communicated back to the offeror
• Only the offeree can make the acceptance
• “silence” does not amount to acceptance
• An acceptance can be carried out in any way. However if a specific way is requested then this must be carried out

Question 18

postal rule

Answer 18

– the acceptance is valid as soon as it is posted and not when it is recieved
this is an acception to rule in which the acceptance cannot be valid beore it reaches the offeror
doesnt apply to text, fax ect

Question 19

Electronic Commerce Directive 2000

Answer 19

where a contract is created through electronic means, an offer is made when a consumer makes or sends an order

Question 20

Adams v Lindsell 1818

Answer 20

D wrote to C offering wool and asked for acceptance via post. D letter was incorrectly addressed and was late. C accepted the offer but D had already sold to someone else because of the delay. Court held that the contract was valid as soon as it was sent

Question 21

consdieration

Answer 21

dun;op v selfirdge 1915
‘an act or forebadance of one party, or promise is the price for which the promise of the other is bought’
usually pertains to price, must pay the price that was stated

Question 22

rules for consideration

Answer 22

• Consideration must be sufficient
• Consideration need not be adequate
• Past consideration is not legally enforceable
• Consideration must move from the claimant
• Performance of Existing Obligations

Question 23

sufficient consideration

Answer 23

It must be real, be tangible and have some value

Question 24

Ward v Byham 1956

Answer 24

The father an illegitimate child agreed to pay £1 per week to the mother to keep the child happy and healthy. The father then refused to pay. He argued that he shouldn’t have to pay as the mother should keep the child healthy. Judges decided that there was consideration

Question 25

Consideration need not be adequate

Answer 25

Courts are not interested if the agreement is a bad or good one. They are more interested in the freedom of the contract If there is no duress then the courts will enforce the agreement

Question 26

Past consideration is not legally enforceable

Answer 26

– if a voluntary agreement is in place with no mention of payment. Then a later agreement is unenforceable

Question 27

Rule in Lampleigh v Braithwaite 1615

Answer 27

exception to the past concidration rule – this is where a service has been requested and there is a reasonable implication that a payment be made, even though it is not explicitly stated in the agreement

Question 28

Consideration must move from the claimant

Answer 28

Only the person(s) providing the consideration can sue The only time a 3rd party can sue is under Contract (Rights of Third Party) Act 1999 if: * The contract expressly allows it * The contract gives a benefit of some sort to the 3rd party

Question 29

Performance of Existing Obligations

Answer 29

If a party is under an existing obligation to carry out something, they cannot use that promise as consideration for a new agreement

Question 30

Collins v Godefroy 1831

Answer 30

Police officer claimed he was entitled to a payment for giving evidence in a court case. Court refused to enforce this as it was part of his job | exitsing obligation

Question 31

privity of contract

Answer 31

Generally a contract is only enforceable by the parties privy to the contract However if a benefit is bestowed from such a contract onto a third party then the rule is unfair

Question 32

exceptions to privity of contract

Answer 32

* Statute * 3rd party trust * Restrictive covenants – Tulk v Moxhay 1848 * Agency – The Eurymedon 1975 * Collateral contracts – Shanklin Pier v Detel 1951 * Application of s56 of the Law of Property Act 1925 – Beswick v Beswick 1968

Question 33

Contract – Rights of Third Parties Act 1999

Answer 33

The Act requires that the 3rd party is expressly identified in the contract by name, or as a member of a class, or answering a particular description

Question 34

Intention to create Legal Relations

Answer 34

both parties intend to be legally bound by the terms of the contract Social and domestic agreements – presumptions that they is no intention to create legal relations l

Question 35

Merritt v Meritt

Answer 35

They divorced and agreed that he would pay a monthly amount so that she could pay the mortgage. He then agreed that he would transfer the house soley to her name. Later he refused to do so When parties are separating there is a presumption that there is an intention to create legal relations and not just a social relations

Question 36

Commercial or business arrangements – l

Answer 36

presumption that there is an intention to create legal relations – unless there is a rebuttal

Question 37

Wilson v Burnett 2007

Answer 37

3 women had gone to Bingo – one women had two prize of over £100,000 The other two women said they had agreed before hand to share any wining's equally The women that one refused to On appeal held that this was a social agreement and not a business one and that the chat the women had before hand did not mean that there was an intention to create legal relations and therefore there was no contract. | inention to create legal relations