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Exam cards - Contract > Agreement > Flashcards

Agreement Flashcards

(68 cards)

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1
Q

Trietel’s definition of an offer

A

An expression of willingness to contract on specified terms made with the intention that it is to be come legally binding as soon as it is accepted by the person to whom it is addressed

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2
Q

Gibson v MCC

A

Not sufficiently CPU to be offer

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3
Q

Storer v MCC

A

Sufficiently CPU to be offer

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4
Q

ITT

A

‘Uncertain first steps in neogitaion’

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5
Q

Fisher v Bell

A

Display of goods is ITT

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6
Q

Partridge v Crittenden

A

Adverts are ITT if not sufficiently certain

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7
Q

Grainger v Gough

A

Exception where advert is an offer if the advertiser has unlimited access to the offer product

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8
Q

Carlill v Carbolic Smokeball

A

Unilateral offer as advert was certain and evidenced intention by putting money in bank account

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9
Q

Spencer v Harding

A

ITTender are not offers

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10
Q

Blackpool Aero Club v Blackpool Council

A

Invitation to tender contained a condition to consider the offer. Not considered so breach of contract

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11
Q

Payne v Cave (Auctions)

A

Auctioneers request for bids is an ITTender

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12
Q

Warlow v Harrison

A

Obligation to accept the highest bid in an auction

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13
Q

Taylor v Laird

A

Offer must be communicated

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14
Q

3 methods of termination of offer

A

Rejection, revocation, lapse

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15
Q

Hyde v Wrench

A
  • Must be mirror image acceptance

- Counter offer kills an offer

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16
Q

Stevenson, Jacques + CO v McLean

A

Request for information is not a counter offer and does not kill the offer

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17
Q

Payne v Cave (withdrawal)

A

If offer withdrawn before acceptance then the offer is no longer open

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18
Q

Routledge v Grant

A

If time limit set offeror free to revoke any time before acceptance

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19
Q

Dickinson v Dodds

A
  • 3rd party revocation
  • Where consideration is made to keep offer open this is an option contract
  • Parties can set deadline for end of offer being open
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20
Q

Trietel’s criticism of the rule in Dickinson v Dodds

A

3rd party revocation places offerree in a difficult position as the offerree does not know whether the 3rd party is a valid party to revoke the offer

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21
Q

Byrne v Van Tienhoven

A
  • Revocation must be communicated

- Revocation only valid upon receipt, postal rule does not apply

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22
Q

Great Northen Rail

A

General rule; Unilateral offer can be revoked anytime before complete performance
Exception; Where the party is able and willing to complete performance then the revocation is not valid

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23
Q

Errington v Errington + Woods

A

Where party capable and willing to complete performance unilateral offer cannot be revoked

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24
Q

Ball

A

If unilateral offer made to whole world must be revoked to whole world

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25
Ramsgate Hotel v Montefiore
An offer will laps if not accepted in a reasonable time - 6+ months
26
Bradbury v Morgan
Death causes an offer to lapse
27
Financings v Stimson
Offer lapsed as car no longer in condition it was offered in
28
Smith v Hughes
Would the reasonable man judge he was assenting to the terms of the contract
29
Hartogg v Colin Shields
Cannot snatch at a bargain
30
Hyde v Wrench
Acceptance must be a mirror image of offer
31
Boulton v Jones
Acceptance must be made in response to the offer
32
R v Clarke c/f Williams v Carwadine
Acceptance must be made in knowledge of offer.
33
Felthouse v Bindely
Silence does not constitute acceptance
34
Taylor v Allen
Conduct can amount to acceptance
35
Brogden v Metropolitan Railway
Conduct rarely amounts to acceptance. Acceptance through conduct only possible where goods are delivered
36
Powell v Lee
Acceptance through a 3rd party is valid (though could apply Treitel's criticism here as well)
37
Entores v Miles
- Instantaneous communication acceptance is valid upon receipt. - Acceptance is not valid if the offerree is at fault and not appropriately communicated - Acceptance is valid where offerree correctly communicates acceptance but not recieved due to fault of offeror
38
Brimnes
Where acceptance received by machine it is valid when received if received in office hours
39
Thomas v BPE
No set measure of office hours. Judged on a case by case basis.
40
Adams v Linsell
Postal rule - Acceptance valid upon proper postage
41
Re London + Northern Bank ex p Jones
Letter must be properly posted. Handed to postman who was not authorised to accept post, so not properly posted
42
Household Fire v Grant
If letter destroyed then does not affect the postal rule
43
Henthorn v Fraser
Postal rule must be in reasonable contemplation of both parties
44
Getreide-import v Contimer
Misadressing letter has effect of only making the letter valid upon arrival
45
Ousting of postal rule
Household Fire v Grant establishes ousting of postal rule. Holwell Securities v Hughes - Postal rule ousted by express wording 'by notice to'
46
Can a postal acceptance be accepted?
Dunmore v Alexander - Yes Thomson v James - No Wenkheim v Ardnt - Generally accepted cannot be revoked Smith & Hogan/Hudson - Issue of detriment to offeror
47
Manchester Diocesan
If a prescribed mode of acceptance is stated it is only exclusive if very expressly stated. Words such as must are NOT sufficient. Needs to be something like 'acceptance by carrier pigeon only'
48
Tinn v Hoffman
If prescribed mode of acceptance not exclusive then equally expeditious modes of communication will suffice
49
Yates v Pulleyn
Where a prescribed mode of acceptance is stated for the benefit of the offerree it can be ignored
50
ICLR
A combination of express wording and circumstance
51
Well Barn v Backhouse
ICLRv presumed in a commercial situation
52
Bunn & Bunn v Rees & Parker
ICLR must be expressly and carefully opted out of in a commercial situation
53
Textile v M&S
Objective assessment of circumstances can mean ICLR is rebutted or vice versa
54
Licences v Lawson
Statement made in jest will not create ICLR
55
Balfour v Balfour
Presumption that no ICLR in a domestic situation
56
Merit v Merit
ICLR allowed in separated couple
57
Peck v Lateau
ICLR can be implied from previous dealings
58
Ecles v Byrand and Pollock
Pre contractual negotiations are not subject to ICLR
59
Watford AFC v Aylesbury
Minor only bound by contract if it is for their benefit. Judged not to have capacity to contract otherwise
60
Dunlop v Selfridge as per Pollok
Future consideration is good consideration
61
Eastwood v Kenyon
General rule; past consideration is bad consideration
62
Pao on v Lau Yiu Long
Past consideration is bad consideration unless; - At promisors request - Act performed at expectation of reward
63
Chapel v Nestle
Consideration need not be adequate
64
White v Bluett
Consideration must be sufficient
65
Stilk v Myrick
Consideration for a previous obligation is not good consideration
66
Hartley v Ponsonby
Where condieration is made for a changed obligation this is good consideration
67
Williams v Roffey
Where contract confers collateral benefit it is good consideration
68
Scotson v Pegg
Pre-existing obligation to 3rd party is good consideration as it gives double liability

Exam cards - Contract (3 decks)

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