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Flashcards in Formation of contracts and estoppel Deck (40)
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1

What is the definition of consideration?

A benefit to one party and a detriment to another”
OR
“A promise in return for a promise”

2

Past consideration is not good consideration

Roscorla v Thomas

3

What are the exceptions to past consideration not being good consideration?

Lampleigh v Braitwaite
The act was at the promisor’s request
And
Re Casey’s Patents
It was understood from the outset there would be some type of payment

4

Collins v Godefry

Performance of a public duty is not good consideration

5

Performance of a public duty is not good consideration

Collins v Godefry

6

Performance of a public duty is not good consideration unless...

Glasbrook Bros v Glamorgan CC
Ward v Byham
It goes beyond what is usually required

7

Contractual Duties owed to a third parties are good consideration

Scotson v Pegg

8

Part performance of an existing contractual duty does not amount to good consideration

Stilk v Myrick

9

If you exceed the contractual obligation then that is good consideration

Hartley v Ponsonby

10

Williams v Roffey

Where a party has gained “practical benefit” from the original contract being performed then that will be good consideration, as long as the additional payment or new contract is not made under duress.

11

Foakes v Beer

Part payment of a debt is not good consideration.

12

Part payment of a debt is not good consideration unless..,.

Pinnel's Case, the creditor gets something different in return

13

What is the judgement in Re Selectmove?

The principle in Roffey does not apply for debts

14

What is Treitel's definition of an offer?

“An expression of willingness to contract on certain terms- made with the intention that it becomes binding”

15

"The existence of an offer is objectively assessed." Which case?

Smith v Hughes

16

Goods on display in a shop window are invitations to treat. Which case?

Fisher v Bell

17

Boots Cash Chemist v Royal Pharmaceutical Society

Goods on shelves in shops are invitations to treat

18

Advertisements for rewards are unilateral offers.

Williams v Cawardine

19

Where the wording of an advertisement creates an action on the other side or reliance, it will be an offer.

Carlill v Carbolic Smoke Ball

20

Where an advertisement specifies a tender process would accept the highest offer, it is an offer.

Harvela

21

Aero Club
Invitations to tender that lay down a clear procedure are an offer to consider the tender.

Blackpool and Fylde Aero Club v

22

In auctions, the auctioneer is bound to accept the highest offer and can be sued by the offeree if they don’t.

Barry v Davies

23

An offer is revocable up to the point it is accepted

Routledge v Grant

24

For a revocation to be valid, it must be communicated.

Van Tienhoven

25

If a revocation is sent during office hours it can be assumed it was communicated.

The Brimnes

26

Revocation can be communicated through a third party.

Dickinson v Dodds

27

Hyde v Wrench. What is the ruling?

A counter offer destroys the original offer

28

If a statement is a request for more information, it will not destroy the offer

Stevenson Jacques v Maclean

29

Acceptance must be communicated

Entores v Miles Far East Corporation

30

The general rule is that acceptance must be communicated by the offeree or his authorised agent

Powell v Lee