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Contract Law > Offer And Acceptance > Flashcards

Offer And Acceptance Flashcards

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0
Q

Case for past consideration

A

Re McCardle

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1
Q

What case defines consideration?

A

Currie vs Misa

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2
Q

Consideration must be sufficient

A

Nestlé v Chappell

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3
Q

Consideration must move from the promisor to the promisee ( A to B)

A

Tweedle v Atkinson

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4
Q

What is a bilateral contract?

A

Binding obligation between both parties to carry out promise

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5
Q

What is a unilateral contract?

A

When only the offeror has an obligation to carry out promise

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6
Q

What is the ‘entire obligation rule’?

A

When you have to complete your promise in it’s entirety (100%)

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7
Q

What is the case for postal acceptance?

A

Adams v Lindsell

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8
Q

What is the legal principle for the case: With v O’flanagan

A

When there is a change of circumstances, there is a positive obligation to let the party know

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9
Q

Where is the legal principle for

With v O’flanagan from?

A

Davies v London

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10
Q

What is the legal principle from:

Bissett v Wilkinson

A

Mere opinions are not false statements when the defendant has no special skill or knowledge on the matter

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11
Q

What is the legal principle in:

Hyde v Wrench

?

A

A counter offer kills initial offer

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12
Q

What cases shows an acceptance of an offer through conduct?

A

The Satanita

Brogden v Metropolitan

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13
Q

What is the legal principle in the case

Hedley Byrne v Heller

A

If there is a special relationship, a duty of care and a careless false statement has been made where the defendant has a special skill/ knowledge, then this is a misstatement in tort and liability can be found under contract from misrepresentation

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14
Q

What is the legal principle in Dimmock?

A

Puffs and half-truths are not false statements

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15
Q

What is the legal principle in the case

Nottingham Brick

A

A half truth is misrepresentation

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16
Q

What is the legal principle in the Edginton case?

A

Material fact statements with false intentions

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17
Q

What is the legal principle in the Pankhania case?

A

Misrepresentation of law is a false statement

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18
Q

What is the legal principle in the case

Spice Girls v Aprilia

A

Misrepresentation of conduct

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19
Q

Give me an example of a case where there an offer is displayed on a shelf

A

Pharmaceutical society of GB v Boots

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20
Q

Give me an example of an advertisement case

A

Fisher v Bell

Hint: flick knife

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21
Q

Give me an example of an advertisement case?

Hint: fur coats, shop window

A

Lefkowitz case

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22
Q

What is fraudulent misrepresentation?

A
  • making a false statement knowing it’s not true

- making a statement recklessly not caring if it’s true or not

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23
Q

Give me an example of a fraudulent misrepresentIon case

A

Derry v Peak

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24
What can misrepresentation do to a contract?
- Make a contract voidable (not valid) - rescinded (set aside) - allows damages in tort if it is negligent misrepresentation
25
What does the term: 'utmost good faith' mean?
There is a duty to disclose material facts (Keates v Cadagon)
26
Give me an example where there must be 'utmost good faith'
Insurance companies
27
Considering the rule of 'utmost good faith' is used in exceptional circumstances, what is the general rule in a contract? Give an example of a case that follows this principle
Silence or non-disclosure is not a liability Lambert v Co-op
28
What cases were considered in the judgement of Spice Girls v Aprilia?
Keates v Cadagon, Lambert v Co-op, With v O'Flanagan
29
What is the legal definition of Keates v Cadagon?
No duty to disclose material facts not known to the other party
30
What is the legal principle in Lambert v Co-op?
Duty to disclose material facts
31
What does the term 'implied representations' mean?
statements that imply that there are no other facts that are known which would make the statement misleading
32
Give me some examples of cases which involve implied implied representations
Dimmock, With v O'flanagan
33
What does the term 'executory contract' mean?
It means the contract has not been performed yet. This means that under damages for misrepresentation, the contract can be avoided in which the parties are no longer bound. Thus there are no benefits to be returned
34
What is the remedy for misrepresentation known as 'rescission'?
- It allows the parties to get out of the contract (recind it) - puts the parties back into the position they were in before entering the contract (returns the benefits)
35
What is an executed contract? And what are the damages under misrepresentation?
An executed contract is one in which the contract has been performed. For damages, the contract can be rescinded under misrepresentation. (Money refunded)
36
What is negligent misrepresentation?
- making a false statement in which he believes is true | - It is a non-fraudulent
37
What is the leading case for in common for damages regarding financial loss in negligent misrepresentation ?
Hedley Byrne
38
What statute is there for negligent misrepresentation?
Misrepresentation Act - section 2 (1)
39
What statements are actionable under misrepresentation?
- Conduct - Verbal - false Intentions - false statements of law
40
What is the current test for Duress in the case DSNDN? What does there need to be:
1) lack of practical choice 2) illegitimate pressure 3) significant enough to induce
41
What is economic duress?
When there is pressure or a threat to ones financial well-being
42
What are criteria in establishing economic duress?
1) no choice for the victim 2) illegitimate pressure 3) significant cause for inducement
43
What are the two types of negligent misrepresentation?
Common law and statute
44
Tell me the sections under the misrepresentation Act
Section 2 (1) : can claim damages unless the other party can prove that he felt his statement was true at the time Section 2 (2) : allows the court to award damages
45
What are the 3 elements for presumed undue influence?
1) a relationship of trust and confidence 2) something which calls for an explanation 3) opportunity for rebuttal
46
What is an exclusion clause?
It is a term in a contract which restricts or excludes a remedy or liability for breach
47
What is frustration in a contract?
A contract can be frustrated when events happen which make B unable to perform their promise
48
What is the case which states that an acceptance of an offer must be communicated?
Felthouse case
49
Give me an example of a case where a 3rd party can accept an offer?
Dickenson v dodds - a contract can be revocated if there is no acceptance by the 1st party before the 3rd party accepts - there is no obligation to keep a promise open if there is no consideration involved to insure that the promise is kept
50
What is the name of the case in which a promise cannot be revoked in a unilateral contract once a performance of an act has started
Errington v Errington
51
Tell me the case in which instantaneous methods such as emails and fax are not subject to the postal acceptance rule?
Entores v Miles
52
give me an example of 2 invitation to treat cases in which the courts ruled that it was a mere 'statement of price' and thus not an offer
Gibson v Manchester City Council Harvey v Facey
53
What are the consequences of the postal acceptance rule?
1) risk of acceptance being delayed Household fire case 2) loss if delay offerees fault Maritima case
54
what case is the legal principle for stating that there can only be revocation of a contract if it is recieved?
Byrne v Van
55
What is the case for 'a request for further information' ?
Stevenson v McLean
56
Advertisements are known as?
Invitations to treat
57
Carbolic smoke ball case is a.. ?
Invitation to treat
58
Thornton v shoe lane parking is an ..?
Offer (the machine being available) and an acceptance when he put his money in the slot and took the ticket - vending machines Self service petrol stations
59
Give me an example case of fraudulent misrepresentation
Teixeria case In which the defendant painted over dry rot
60
Howard marine case
An example of the defendants challenging the burden of proof by using the misrepresentation act section 2 (1)
61
Esso petroleum case
Making a statement with a special skill on the matter is misrepresentation - can amount to pure economic loss
62
What does substantial performance mean?
When A has done 90% of the work even though it's not in it's entirety (entire obligation rule)
63
What is the case for substantial performance?
Isaacs case
64
What is concurrent conditions? And what act is it codified in?
It is when both performances from both parties must be done at the same time Sales of Goods Act
65
What case is an example of concurrent conditions?
Morten v Lamb
66
What is the entire obligation rule?
If is when B must perform his obligation in it's entirety before A can perform his
67
Give me an example of a case with the entire obligation rule
Cutter v Powell
68
What is an condition precedent?
When B must perform their duty first before A can perform his
69
Give me an example of a condition precedent case?
Trans Trust case
70
Hyundai
Practical benefit
71
L'estrange
When a contract is signed, you are bound by it's terms
72
There is no agreement or an intention to create legal relations in a domestic setting
Balfour v Balfour
73
for there to be a termination of contract there must be?
- revocation (Samuel v Dicker) - lapse of time - failure to fulfil conditions - death of one of the parties

Contract Law (1 decks)

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