Acceptance/Intention to Create Legal Relations Flashcards

1
Q

Re Selectmove

A

Acceptance by silence could be sufficient if suggested by the offeror.

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2
Q

Daulia v Four Milbank Nominees

A

Unilateral offer can be accepted by full performance.

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3
Q

Errington v Errington and Woods

A

Unilateral offer can be withdrawn before it is accepted.

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4
Q

Household Fire Insurance v Grant

A

Postal rule applies the post is late but never arrives.

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5
Q

LJ Korbetis v Transgrain Shipping

A

Postal rule does not apply if post fails due to fault of offeree.

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6
Q

Brinkibon v Stahag Stahl

A

No universal rule for non-instantaneous communication.

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7
Q

The Brimnes

A

Office our communications to machines are generally considered actual.

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8
Q

Mondial Shipping

A

Out of hours communications two machines are expected to be ready next working day

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9
Q

Thomas v BPE Solicitors

A

Working days determined objectively.

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10
Q

Balfour v Balfour

A

Presumption against contractual intention: husbands and wives.

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11
Q

Merritt v Merritt

A

Presumption rebutted if couple are separated.

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12
Q

Jones v Padavatton

A

Presumption against contractual intention: domestic arrangements.

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13
Q

Simpkin’s v Pays

A

Presumption against contractual intention: flatmates.

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14
Q

Wilson v Burnett

A

Presumption against contractual intention: friends

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15
Q

Lens v Devonshire Club

A

Presumption against contractual intention: general social agreements.

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16
Q

Rose and Frank v Crompton

A

Presumption of commercial contractual intention: can be expressly rebutted.

17
Q

Kleinwort Benson v Malaysian Mining Corporation

A

Presumption of commercial contractual intention: does not apply to comfort letters.

18
Q

Jones v Vernons Pools

A

Presumption of commercial contractual intention: does not apply to gentlemen’s agreements.