Finals - ITT, CLR & Agreement, Concepts & Context Flashcards
What is the difference between an offer and an invitation to treat?
Offer: A definite promise to be bound (Carlill v Carbolic).
ITT: Expression of willingness to negotiate (Partridge v Crittenden, Fisher v Bell).
Is an advertisement an offer or an ITT?
Generally ITT (Partridge v Crittenden).
But if it’s a unilateral offer with clear terms (e.g. Carlill), it may be an offer.
Can silence amount to acceptance?
No — acceptance must be communicated (Felthouse v Bindley).
Exception: unilateral contracts may allow performance in place of communication (Carlill).
What are the requirements for a valid acceptance?
Must be clear, unqualified, communicated (Entores v Miles).
Must match offer (mirror image rule).
When is there legal intention in an agreement?
Domestic/social: presumed no intention (Balfour v Balfour), rebuttable (Merritt v Merritt).
Commercial: presumed intention (Edmonds v Lawson).
What if terms are vague or uncertain?
Courts may refuse to enforce (Scammell v Ouston), or imply terms if intention is clear (RTS Flexible).
What are the aims of tort law?
Compensation, deterrence, corrective justice, vindication, accountability.
How is tort different from contract?
Contract: based on agreement; Tort: duty imposed by law.
Tort usually compensates for personal loss; contract enforces expectations.
What’s the relationship between tort and criminal law?
Tort is civil (private disputes, compensation).
Crime is public (punishment, deterrence).
Some overlap: same act can lead to both (e.g. battery).
What did Donoghue v Stevenson establish?
The neighbour principle — you must take reasonable care to avoid acts likely to harm your “neighbour.”
What’s the Caparo test for duty of care?
Foreseeability, Proximity, Fair, just, and reasonable to impose duty.
