CASE LAW- Contract Flashcards by Wema Odwallo

NATURE OF CONTRACT : Unilateral contracts

Carlil v The Carbolic smoke ball co. Ltd.
- a company would reward 100 pounds to whomever contracted the influenza virus 2 weeks after taking their smoke ball.

Mrs. Carlil took the smoke ball and contracted the virus a year later, but the court conlucded for such a reward of money, the exact terms of the offer had to have been met

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NATURE OF CONTRACT :
Bilateral contracts

Currie v Misa
- Currie had agreed to pay Misa in exchange for Misa supplying a bill of exchange

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NATURE OF CONTRACT :
Collateral contracts

Shanklin pier ltd v Detel Products ltd
- This promise was sufficient to form a collateral contract, despite the main contract being between Shanklin Pier Ltd and the painting contractors

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OFFER & ACCEPTANCE: an offer

Harvey v Facey
- The seller merely made a statement of price but this was not an offer.

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OFFER & ACCEPTANCE: Display of goods

Fisher v Bell
- a flick knife was displayed and was not guilty of offering it for sale illegally. The display was simply an invitation to treat

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OFFER & ACCEPTANCE:
Counter offer

Hyde v Wrench
- The buyer proposed a new price for the farm he was buying

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OFFER & ACCEPTANCE:
Request for more information

Stevenson v McLean
- This was simply a request for more info and it did not amount to a rejection, acceptance or counter offer.

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OFFER & ACCEPTANCE:
A performing offer

Errington v Errington and wood
- even after the father died, the couple continued to pay the mortgage and could not be withdrawn

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OFFER & ACCEPTANCE:
Acceptance by post (Postal rule)

Adams v Lindsell
- Once the post had been made, acceptance was effective and so there was a breach

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OFFER & ACCEPTANCE: Emails (postal rule )

Thomas v BPE Solicitors
- The court concluded that the postal rule cannot apply to emails as it is unclear as to whether email acceptance is effective once sent or marked read.

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OFFER & ACCEPTANCE:
Revocation of an offer

Routledge v Grant
- The offeror was able to terminate the contract before the expiration date. He was entitled to do so as at the time of revocation there was no acceptance

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OFFER & ACCEPTANCE
Revocation of an offer by a third reliable party

Dickinson v Dodds
- A third party, who was a reliable mutual friend, told the claimant that the defendant had withdrawn the
offer and sold elsewhere.

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INTENTION TO CREATE LEGAL RELATION:
Commercial agreements

Esso Petroleum co. ltd v Commissioners of customs and excise
- The major decision by the HOL said that as esso was clearly trying to gain business from a promotion, there was an intention to be bound y the agreement

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INTENTION TO CREATE LEGAL RELATION:
Husband and wife agreement

Balfour v Balfour
- The claim to claim allowance money failed as the agreement had been reached during an amicable point in their relationship. Love and affection does not amount to a valid consideration

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INTENTION TO CREATE LEGAL RELATION:
Husband and wife agreement (rebuttal)

Merritt v Merritt
- There was an intention to create a legally binding agreement as the agreement was a condition to their separation

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INTENTION TO CREATE LEGAL RELATION:
Child and Parent

Jones v Padavatton
- The agreement with regard to a house was so ambiguous as to be incapable of being a contract

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INTENTION TO CREATE LEGAL RELATION:
Other social agreements

Wilson v burnett
- there was no formal agreement to show that they had agreed to share the winnings

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CONSIDERATION:
Past consideration

Re McArdle
- it was held that the repairs to an inherited house were past consideration and not payable

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CONSIDERATION:
Move from the promisee

Tweddle v Atkinson
- The husband was not a party to the contract held between his wife and the wife;s father

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CONSIDERATION:
Performance of existing public duty

Collins v Godefroy
- There was no consideration for a policeman to attend court and therefore there was no contract formed

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CONSIDERATION:
Part payment is not a valid consideration

D&C building ltd v Rees
- the builders did not pay the full amount and so the workers ended up facing financial challenges. This part payment was a breach to the contract

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CONSIDERATION:
promissory estoppel
(Commercial)

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Central London Property Trust Ltd v High tree house Ltd
- The court estopped the claimants from going back on their promise for claiming the full price

CONSIDERATION:
Promissory estoppel
(Non- commercial)

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Combe v Combe
- The wife made no consideration for her husbands promise to giver her 2 pounds hence promissory cannot be used as a sword but a shield

CAPACITY:
Necessaries

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Nash v Inman
- The tailor successfully sued a minor, as the clothes were not deemed necessary as the minor already had enough clothes

CAPACITY: Beneficial contracts of service

De francesco v Barnum - A 14 year old girl entered an apprenticeship and during it, she was being mistreated instead of gaining benefits.

CAPACITY: (2) Beneficial contracts of service

Doyle v White Stadium The contract was binding, as it encouraged the boxer to be a clean and proficient boxer, which was to his advantage.

CAPACITY: Voidable contracts

Edward v Carter a minor tried to reject a marriage settlement where he had to transfer money from his father's inheritance.

EXPRESS TERMS: Timing

Routledge v McKay - A motor vehicle was registered in 1939 but when a new registration book was issued it stated it started in 1941

EXPRESS TERMS: Importance of term

Bannerman v White The court held the term regarding the sulfur amounted to a condition

EXPRESS TERMS: special knowledge

Oscar Chess Ltd v Williams - The claimants actions for breach of a term of the contract failed as the defendant did not have any special knowledge

TERMS IMPLIED BY THE CONSUMER: Sufficient quality

Grant v Australian Knitting Mills Ltd - The claimant purchased woolen underpants that had chemicals which gave him a skin disease. This became a breach of an implied term

TERMS IMPLIED BY THE CONSUMER: As described

Beale v Taylor - A car was described as a 1961 Triumph Herald but in actuality it turned out to be 2 cars welded together which was a breach

TERMS IMPLIED BY THE CONSUMER: Within reasonable time

Charnock v Liverpool corporation - The defendant took 8 weeks to repair a car when it would've taken 5 weeks instead

CONTROL OF EXEMPTION CLAUSES: Rules of incorporation

L'Estrange v Graucob The claimant did not read the contract terms and simply signed it but was bound by it

CONTROL OF EXEMPTION CLAUSES: (2) Rules of incorporation

Chapelton v barry district council - The defendant could not rely on the exemption cluase as they did not clearly make the claimant aware of the existence of the clause.

CONTROL OF EXEMPTION CLAUSES: The contra proferentem rule

Hollier v Rambler Motors - Here the court used the rule and said that the exemption clause cannot be incorporated

CONTROL OF EXEMPTION CLAUSES: Unfair contract Terms Act

Stevenson v Rogers Section 14 of the UCTA was used in this case

PERFORMANCE: The entire performance rule

Cutter v Powell - The widow of a worker who died during his shift, tried to claim his full salary but failed as he did not complete the entire performance

PERFORMANCE: Time of performance

Rickards v Oppenheim - Time had been made of the essence after giving the time notice for the delivery of a car

PERFORMANCE: Substantial performance

Hoening v Isaacs - Minor defects are acceptable which was 55 pounds but the entire fee was 750

BREACH: Remedies

Robinson v Harman - Robinson has lost great gains and was allowed to recover damages for his loss

BREACH: Anticipatory Breach (Implied)

Frost v Knight - A party stopped himself from carrying out a promise to marry, by marrying another person

FRUSTRATION: Impossibility of performance

Taylor v Caldwell - The contract had become frustrated after the hall that was hired unexpectedly burned down

FRUSTRATION: Government intervention

Metropolitan water Board v Dick Kerr - The government stopped performance to use their resources for the war

FRUSTRATION: The Law Reform (Frustrated Contracts) Act

Gamerco v Fair Warning - One of the partys made a large payment in advance for a concert before the frustration. They were able to recover the full price

FRUSTRATION: Death of party

Whincup v Hughes - The 6-year apprenticeship came to end after the watchmaker died

COMMON LAW REMEDIES: Reliance loss

Anglia Television v Reed - An actor withdrew from a role and the production paid all the wasted expenditure

COMMON LAW REMEDIES: Remoteness

The Heron II A charter carrying sugar arrived very late and as a result, the prices for sugar dropped. The HOL held that they are liable as they were aware of the prices fluctuating

COMMON LAW REMEDIES: Mitigation

Pilkington v Wood - The claimant had suffered financial losses on the negligence of a solicitor but ended up blaming additional costs on the solicitor which were rejected as the court mitigated his losses.

EQUITABLE REMEDIES : Specific performance

Webster v Cecil - the request for specific performance failed because the claimant tried to enforce a contract which was the wrong price

EQUITABLE REMEDIES: Specific restitution

Attorney General v Blake The House of Lords held that, in exceptional cases where normal remedies are inadequate, a claimant could recover the profits gained. Here, Blake's actions violated a public interest duty.

CONSIDERATION: Performance outside of a public duty

Glasbrook Bros v Glamorgan County Council - During a miners' strike, Glasbrook Bros requested additional police protection for their colliery. - The House of Lords held that the police had gone beyond their normal public duty by providing additional, specific protection requested by Glasbrook Bros. This "extra service" amounted to valid consideration, making Glasbrook Bros liable to pay.

CONSIDERATION: Performance outside of existing contractual duty

Hartley v Ponsonby - Here there was a promise as the reduction in numbers made the voyage more dangerous

CASE LAW- Contract Flashcards

(53 cards)