Cases def-terms

Question 1

EU law beats conflicting national law.

Answer 1

Costa v ENEL

Question 2

Offer must be clear.

Answer 2

Guthing v Lynn

Question 3

Offer must be communicated.

Answer 3

Bloom v American Swiss Watch

Question 4

Info request ≠ offer.

Answer 4

Harvey v Facey

Question 5

Shelf display = invitation to treat.

Answer 5

Pharmaceutical Society v Boots

Question 6

Shop window = invitation to treat.

Answer 6

Fisher v Bell

Question 7

Ads = invitation to treat.

Answer 7

Partridge v Crittenden

Question 8

Tenders must be considered if promised.

Answer 8

Blackpool Aero Club v Blackpool BC

Question 9

Auction without reserve = contract with highest bidder.

Answer 9

Barry v Davies

Question 10

Offer can be revoked before acceptance.

Answer 10

Routledge v Grant

Question 11

Revocation only works when received.

Answer 11

Byrne v Van Tienhoven

Question 12

Unilateral offer can’t be revoked after performance starts.

Answer 12

Errington v Errington

Question 13

Offer lapses after reasonable time.

Answer 13

Ramsgate Hotel v Montefiore

Question 14

Counteroffer kills original offer.

Answer 14

Hyde v Wrench

Question 15

Asking for info ≠ counteroffer.

Answer 15

Stevenson v McLean

Question 16

Unilateral offer accepted by doing the act (no need to notify).

Answer 16

Carlill v Carbolic Smoke Ball

Question 17

‘Battle of forms’ decided by last shot.

Answer 17

Butler v Ex-Cell-O

Question 18

Acceptance must be as effective as the requested method.

Answer 18

Yates v Pulleyn

Question 19

Silence ≠ acceptance.

Answer 19

Felthouse v Bindley

Question 20

Postal rule: acceptance valid when posted.

Answer 20

Adams v Lindsell

Question 21

Even if post lost, contract formed on posting.

Answer 21

Household Fire v Grant

Question 22

If offer says “must be received”, postal rule doesn’t apply.

Answer 22

Holwell v Hughes

Question 23

Emails valid only when received (postal rule ≠ emails).

Answer 23

Greenclose v NatWest

Question 24

Ticket clause not binding if not communicated.

Answer 24

Chapelton v Barry UDC

Question 25

Clause on ticket too late, not part of contract.

Answer 25

Thornton v Shoe Lane Parking

Question 26

Term added after contract = not binding.

Answer 26

Olley v Marlborough Court

Question 27

Regular dealings can include terms.

Answer 27

Spurling v Bradshaw

Question 28

Ambiguity is interpreted against the writer (contra proferentem).

Answer 28

Andrews Bros v Singer

Question 29

Contract ends if performance becomes impossible.

Answer 29

Taylor v Caldwell

Question 30

Illness frustrates personal service contract.

Answer 30

Condor v Barron Knights

Question 31

If purpose fails, contract is frustrated.

Answer 31

Krell v Henry

Question 32

Illegal to perform = frustrated.

Answer 32

Fibrosa v Fairbairn

Question 33

More difficult ≠ frustrated unless radically different.

Answer 33

Davis v Fareham

Question 34

More expensive ≠ frustration.

Answer 34

Tsakiroglou v Noblee Thorl

Question 35

Damages = foreseeable losses or known risks.

Answer 35

Hadley v Baxendale

Question 36

Duty of care to neighbor (snail in bottle).

Answer 36

Donoghue v Stevenson

Question 37

3-part test for duty: foreseeability, proximity, fair.

Answer 37

Caparo v Dickman

Question 38

Negligent misstatement liability if special relationship (unless disclaimed).

Answer 38

Hedley Byrne v Heller

Question 39

Learner driver held to standard driver care.

Answer 39

Nettleship v Weston

Question 40

Child only liable if acting beyond normal for their age.

Answer 40

Orchard v Lee

Question 41

No higher standard unless a professional.

Answer 41

Phillips v Whiteley

Question 42

Doctor judged by other professionals’ standards.

Answer 42

Bolam v Friern

Question 43

Must be logical and reasonable professional opinion.

Answer 43

Bolitho v Hackney HA

Question 44

Multiple causes = no liability unless risk increased.

Answer 44

Wilsher v Essex

Question 45

Risk increase alone may prove causation.

Answer 45

McGhee v Coal Board

Question 46

Unforeseeable damage = too remote.

Answer 46

Wagon Mound (Overseas Tankship)

Question 47

Type of harm must be foreseeable, not exact event.

Answer 47

Hughes v Lord Advocate

Question 48

Take victim as found (eggshell skull rule).

Answer 48

Smith v Leech Brain

Question 49

Claimant's unreasonable action breaks causation chain.

Answer 49

McKew v Holland

Question 50

Company = separate legal person, even if one owner.

Answer 50

Salomon v Salomon

Question 51

Court can pierce veil if company used to hide assets.

Answer 51

Prest v Petrodel

Question 52

Veil only lifted in specific legal situations.

Answer 52

Adams v Cape Industries

Question 53

Veil lifted where company is used to avoid obligations.

Answer 53

Gilford v Horne

Question 54

Employer owns invention made during normal duties.

Answer 54

Harris’ Patent

Question 55

Employer owns patent, but employee can get reward.

Answer 55

Kelly v GE Healthcare

Question 56

Passing off needs goodwill, misrep, and damage.

Answer 56

Reckitt v Borden (Jif Lemon)

Question 57

Freedom of establishment for individuals & companies; ban on discrimination

Answer 57

Article 49 TFEU

Question 58

Defines which companies enjoy freedom of establishment

Answer 58

Article 54 TFEU

Question 59

Commission/Council must harmonize company law to enable freedom of establishment

Answer 59

Article 50(2)(g) TFEU

Question 60

Validly incorporated companies must be accepted in host states

Answer 60

Centros & Inspire Art (ECJ)

Question 61

Cross-border mergers & conversions must be allowed if internal ones are

Answer 61

Sevic & Vale (ECJ)

Question 62

What are the primary and secondary sources of the EU law and what is their relation?

Answer 62

P = The founding treaties S = Regulations, directives, decision

Question 63

Requirement legal contract

Answer 63

Agreement, Consideration, Intention to create legal relations, Capacity to contract, compliance with formality requirements

Question 64

Requirements for an offer

Answer 64

Offer must be clear, clear intention to be bound upon acceptance, offer must be communicated to the other party

Question 65

Ways to terminate an offer

Answer 65

Revocation, withdrawal unilateral contracts, rejection/counter-offer, lapse of time, death

Question 66

Ways to discharge a contract

Answer 66

Agreement, performance, frustration, breach of contract

Question 67

When is there tort of negligence

Answer 67

Defendant owed claimant duty of care, defendant broke the duty of care, the claimant suffered damage as a result of the breach of duty

Question 68

what is the caparo-test, when is there duty of care

Answer 68

Harm caused reasonably foreseeable, sufficient proximity between claimant and the defendant, is it fair, just, and reasonable

Question 69

anti-competitive agreements

Answer 69

Article 101 TFEU

Question 70

prohibits abuse by dominant undertakings

Answer 70

Article 102 TFEU

Question 71

tarrif WTO

Answer 71

Article 2 GATT

Question 72

non-tariff barriers WTO

Answer 72

Article XI GATT

Question 73

Treating All Trading Partners Equally!

Answer 73

Article I GATT (Most-Favored Nation Treatment)

Question 74

No Discrimination Against Imports WTO

Answer 74

Article III GATT (National Treatment)

Question 75

Instant acceptance valid when received.

Answer 75

Entores v Miles Far East