Finals - Key Cases for Both Flashcards
(29 cards)
What type of offer is established in Carlill v Carbolic Smoke Ball Co [1893]?
Unilateral offer accepted by performance
Intention to create legal relations shown by deposit of £1000.
In Fisher v Bell [1961], what does the display of goods represent?
Invitation to treat, not an offer.
What is generally considered an invitation to treat in Partridge v Crittenden [1968]?
Advertisements.
What was the conclusion in Gibson v Manchester City Council [1979] regarding the phrase ‘may be prepared to sell’?
‘May be prepared to sell’ not clear enough to be an offer.
Define consideration according to Currie v Misa [1875].
Some right, interest, profit or benefit.
What can amount to valid consideration according to Williams v Roffey Bros [1990]?
Practical benefit even without fresh detriment.
What constitutes valid consideration in Hartley v Ponsonby [1857]?
Going beyond contractual duty.
What did Balfour v Balfour [1919] conclude about social/domestic agreements?
Lack intention to create legal relations.
What was the outcome in Merritt v Merritt [1970] regarding separated spouses?
Agreement = intention to create legal relations.
What does L’Estrange v Graucob [1934] state about signed contracts?
Binds regardless of whether terms were read.
What was the ruling in Curtis v Chemical Cleaning [1951] regarding exclusion clauses?
Misrepresentation of exclusion clause = clause not incorporated.
What must be done according to Parker v SE Railway [1877] regarding contract terms?
Reasonable steps must be taken to bring terms to notice.
What do onerous terms require as per Interfoto v Stiletto [1989]?
Special notice.
What does The Moorcock [1889] establish about implied terms?
Implied terms in fact = business efficacy.
What are terms implied in law necessary for, according to Liverpool CC v Irwin [1977]?
Nature of relationship.
What does the Misrepresentation Act 1967, s.2(1) allow an innocent party to claim?
Damages for negligent misrepresentation unless reasonable grounds to believe statement was true.
What are damages limited to in Hadley v Baxendale [1854]?
Losses arising naturally or within contemplation of parties.
What does Jarvis v Swans Tours [1973] allow for in contract damages?
Loss of enjoyment.
What type of liability is established in Rylands v Fletcher [1868]?
Strict liability for non-natural use of land.
What is required for Rylands liability according to Cambridge Water v Eastern Counties Leather [1994]?
Foreseeability of damage.
What does Sedleigh-Denfield v O’Callaghan [1940] state about occupiers and nuisance?
Occupier can be liable for continuing nuisance.
Who can claim for private nuisance as per Hunter v Canary Wharf [1997]?
Only those with proprietary interest.
What constitutes harassment under the Protection from Harassment Act 1997 in Ferguson v British Gas [2009]?
Persistent unwanted contact.
What does Thomas v News Group [2001] include as harassment?
Behaviour likely to cause alarm/distress.
