evaluation Flashcards
(13 cards)
Harvey v Facey (positive) (offer and acceptance)
reply for a request for information
- upholds that an offer must be intended to be an offer and protects the offeror
Fisher v Bell (positive) (o & a)
invitation to treat
- allows a refusal of sale (age restricted items)
Carlil v Smoke Ball (o & a)
unilateral offer (holds businesses accountable when an offeree has carried out their side of the agreement)
Revocation (positive) (offer and acceptance)
protects the offeror because they have not been given consideration to keep the offer open
Offers ending (positive) (o & a)
there are 5 ways an offer can end, they cant stay open forever
Fisher v Bell (negative) (o & a)
invitation to treat
- could lead to an injustice
Revocation (negative) (o & a)
can be revoked at any time even if you said it would stay open for a period of time
Dunlop v Selfridge (positive) (privity)
a third party cannot sue or be sued if they are not under/involved with the contract, protects the flooding of courts over claims
Strengths (collateral contracts)
collateral contracts are able to be created alongside privity, this can enable protection for a third party and avoid the harsh rule of privity
Introduction of the rights of the thud party acrt 1999 (privity strength)
third parties made to benefit from the contracts can benefit in certain
Tweedle v Atkinson (privity weakness)
can cause an injustice as consideration must move from the promisee the person that the contract is created for may not be able to access the intended benefits from the contract
Silicones LTD (privity bad)
exclusion clauses can lead to unfair results from one person
Besik v Beswick (privity bad)
even if the contract was made to benefit a third party of they were not included in the contract they cant claim (only parties bound by the contract can claim from them)
