Cases Flashcards
(27 cards)
Consensus in idem
Mathieson gee v Quigley
Muirhead and Turnbull v Dickson
Offer
McMillan v Caldwell - offer of house but then turned into qualified acceptance
Acceptance
Shaw v James Scott Builders
- also showed agreement through silence inaction
Qualified acceptance
Wolf and Wolf v Forfar potato co
Insanity
Louden v elders - elder ordered goods, he was considered insane and loud on were informed the contracts were cancelled
Tickets as contractual documents
Thornton v shoe lane parking
Not all contracts accrue damages
Wilkie v Brown - no proof reason for breach was enough for damages
Remoteness of loss
Balfour Beatty v Scottish power
Limit of loss
Hadley v baxendale - crankshaft broke in mill, engaged in services for delivery to repair it. It was returned late. Unable ti use the mill during this time and claimed for loss of profit. Loss of profit too remote as defendant unaware
Penalty clauses
Cavendish square v el makdessi - M to be bound by non compete convensnt to not set up rival business for certain period he did under this he would be not be entitled to receive the last payments held that the clauses were not penalties by Supreme Court
Restrictive covenants
Nordenfelt v maxim Nordenfelt - agreed to enter into restrictive covenant to not work for rival business in a time period in an unlimited geographical area. He breached this argued the restraint of trade had to be reasonable and geographical was unreasonable.
Prima facie unlawful
Supervening illegality
Cantiere san rocco v Clyde shipbuilding - rocco deposited money on contract signing, due to war shipbuilding could not perform as terms were now illegal
Supervening impossibility
Taylor v Caldwell - fire in music hall
Frustration
Taylor v caldwell - fire in music hall
Promise
RBS v Carlyle
Unjustified enrichment
Cartier’s san rococo v Clyde shipbuilding - the deposit enriched Clyde shipbuilding
Specific implement
Highland and universal v Safeway - s in breach of
Not an offer
Harvey v Facey - asked what lowest price was got reply but request for information is not an offer when get reply
Family arrangements presumption don’t intend legally binding
Balfour v Balfour
ITT or offer
Fisher v bell - not guilty it was an offer to sell the knife
Time limit
Glasgow steam shipping v Watson - acceptance sent too late even if there is not time limit set to accept offer, unreasonable time
Unjustified enrichment - divorce
Newton v newton - house belonged to wife so liable to man
Promise - to donate
Morton trs v Aged Christian friend society
Oral promise to pay for building church
Smith v Oliver
