Flashcards in Contract: key cases Deck (201)
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1
Gibson v Manchester City Council
An invitation to treat is a mere willingness to negotiate - not an offer (council house sale)
2
RTS Flexible Systems v Molkerei
The intentions of the contracting parties are assessed objectively (contract variation before signature)
3
Esso v Customs and Excise
An intention to create legal relations is necessary, and assumed in commercial cases (world cup coins)
4
Balfour v Balfour
An intention to create legal relations in necessary, and assumed not to exist in domestic cases (ill wife)
5
Partridge v Crittenden
Advertisements are mere invitations to treat (illegal birds)
6
Pharmaceutical Society v Boots
Displays of goods in shop windows are mere invitations to treat (taking product to till)
7
Blackpool v Blackpool Council
The recipient of bids must consider all of those which meet the given stipulations ('late' letter)
8
Spencer v Harding
Inviting others to bid for an item is merely an invitation to treat (no obligation to sell to highest bidder)
9
Barry v Davies
Auctions with reserve (a fixed minimum price) are invitations to treat, while those without are offers (analyser machines)
10
Carlill v Carbolic Smoke Ball Co
Exception to the rule that advertisements are mere invitations to treat - this one was understood as a unilateral offer to all the world (smoke sickness cure)
11
Stevenson v McQueen
Inquiries into details are not counter offers and do not kill off the offer (iron merchant)
12
Hyde v Wrench
Counter offers (including acceptances with qualifications) kill off the original offer (farm sale)
13
Clarke v Dunraven
A complex multi-lateral contract involves multiple contracting parties who may not be aware of each other (yacht crash)
14
Entores Ltd v Miles Far East Corp
The general rule is that an acceptance must be communicated by the offeree to the offeror (London to Amsterdam)
15
R v Clarke
The offeree must be aware of the offer to accept it (murder information reward)
16
Felthouse v Bindley
Silence cannot communicate acceptance (horse sale)
17
Eastbourne v Cooper
In commercial cases, a unilateral offer may be revoked even if the offeree has begun performance of the conditions (property sale)
18
Errington v Errington
In domestic cases, a unilateral offer may not be revoked if the offeree has begun performance of the conditions; waived requirement of acceptance (wife/daughter in-law house)
19
Adams v Lindsell
The postal rule: a letter of acceptance is effective as soon as it is sent (delayed wool acceptance)
20
Henthorn v Fraser
An exception to the postal rule is where it is unreasonable to accept the offer by post (withdrawal and acceptance overlap)
21
Holwell Securities v Hughes
An exception to the postal rule is where the offeror explicitly ousts it ('notice in writing')
22
Brogden v Metropolitan Railway Company
Acceptance of an offer can be communicated by conduct (coal delivery)
23
Manchester Diocesan Council for Education v Commercial and General Investments Ltd
Where the offeree accepts the offer by some means other than that specified by the offeror, this will be effective so long as it is not disadvantageous to the offeror (acceptance to surveyor)
24
Scammell v Ouston
A contract with vague terms is not binding (van trade)
25
May and Butcher v R
A contract where the price is not fixed is not binding (WWI goods)
26
British Steel v Cleveland
A quasi-contractual agreement is not binding (steel nodes)
27
Walford v Miles
An agreement to negotiate is not binding (sale of company)
28
Payne v Cave
An offer can be revoked any time before it is accepted (before hammer fell)
29
Bern v Van Tienhoven
The postal rule does not apply to letters of revocation (late revocation)
30
