Formation Of A Contract

Question 1

Definition of a contract

Answer 1

A legally binding agreement between two or more people

Question 2

Definition of offer

Answer 2

The terms by which you are prepared to be legally bound

Question 3

Offers must be fully communicated and certain

Answer 3

Gibson v mcc

Question 4

A request for info is not an offer

Answer 4

Harvey v facey

Question 5

ITT

Answer 5

Inviting others not make you an offer (not an offer)

Question 6

Items on display on a shop are not an offer they are an ITT

Answer 6

Fisher v bell

Question 7

Auctions are not offers they are ITTs

Answer 7

BCA v wright

Question 8

Adverts will be an ITT unless it is clearly worded as an offer, is in a unilateral contact, or targeted to a specific group of people

Answer 8

Partridge v crittenden

Question 9

Offers can be revolved any time before acceptance- either you or reliable 3rd party

Answer 9

Dickinson v Dodds

Question 10

Once an offer is rejected it cannot be accepted

Answer 10

Stevenson v McClean

Question 11

A counter offer ends the original offer and creates a new one

Answer 11

Hyde v wrench

Question 12

If the offer doesn’t have a time limit then it will end at a reasonable time

Answer 12

Ramsgate v Victoria hotel

Question 13

Death

Answer 13

If the offeror dies, acceptance can still take place until the offeree leans of the death

Question 14

Definition of acceptance

Answer 14

An agreement to all the terms of the contract

Question 15

Acceptance can be in any form accept silence

Answer 15

Felthouse v Bindley

Question 16

Acceptance by post takes place to moment of posting - must be usual form of communication

Answer 16

Adams v lindsell

Question 17

Any acceptance given over the phone is instant communication

Answer 17

Entores v miles far east

Question 18

Definition of consideration

Answer 18

The value in the contract

Question 19

Consideration must have some real value

Answer 19

White v bluett

Question 20

Consideration need not be adequate as long as it is sufficient

Answer 20

Chappel v nestle

Question 21

Performance of an existing contractual duty- if u were only doing what you were supposed to under the contract you are not entitled to anything extra

Answer 21

Stilk v myrick

Question 22

If you do something extra, this is good consideration and you can ask for extra

Answer 22

Hartley v ponsonby

Question 23

If the party gains an extra benefit then the other party is entitled to extra pay

Answer 23

Williams v roffey

Question 24

Past consideration is not good consideration

Answer 24

Re mcardle

Question 25

Past consideration will be good consideration if there was an implied promise to pay at the time

Answer 25

Lampleigh v braithwaite

Question 26

Part payment of a debt will not be good consideration unless they do something extra or pay earlier

Answer 26

Pinnels case

Question 27

Only those who give consideration have rights under the contract unless they are named in it or gain a benefit from it

Answer 27

Tweedle v Atkinson

Question 28

Actual breach

Answer 28

The contract has already been broken so they can claim immediately

Question 29

Anticipatory breach

Answer 29

When they give notice that the contract cannot be performed/ can sue now or when it is supposed to be performed