5

Question 1

Foley v Classique Coaches (1934)

Answer 1

where the price of petrol was left to be agreed ‘from time to time’. The contract was binding as there was a mechanism in place (arbitration) to solve any disputes i.e., the contract was still enforceable despite this core term not being agreed.

Question 2

invitation to treat: 1. partridge v Crittenden (1968)

Answer 2

The defendant placed an advert in a magazine offering wild birds for sale. It was an offence to sell these birds under the Wild Birds Act 1954. The defendant was found not guilty as the advert was not an offer, it was merely encouraging others to make an offer to him (which he could reject or accept). The advert was an invitation to treat.

Question 3

offer must be legally bound- FISHER V BELL

Answer 3

Fisher v Bell (1960) :
The defendant, having placed a flick knife for sale in his shop window, was accused of ‘offering for sale an offensive weapon’.

Question 4

Pharmaceutical Society (GB) v Boots Cash Chemists (1953)

Answer 4

Boots were prosecuted for selling drugs without the supervision of a registered pharmacist.

Question 5

Gibson v Manchester City Council (1979)

Answer 5

• An existing council tenant contacted the council regarding the purchase of his council house.
• The council replied stating that ‘the council may be prepared to sell’ and invited a formal application.
• The tenant applied but his application was rejected.

Question 6

termination of offers:

Answer 6

1. death
2. rejection and counter offers - Hyde v Wrench (1840), Stevenson v McLean (1880)
3. lapse of time - Ramsgate Hotel v Montefiore (1866)
4. Revocation -
   Dickinson v Dodds (1876)

Question 7

to be a legally binding agreement a contract must have:

Answer 7

1. offer
2. an acceptance of that offer
3. an exchange of something of value called consideration
4. an intention to create legal relationships