Private Law Cases

Question 1

Mathieson Gee Ltd. v Quigley 1952

Answer 1

Removal of silt from pond

No contract existed between parties-consensus in idem agreed to different things

Question 2

Thomson v James (1855)

Answer 2

Thomson made an offer to James which James accepted but before Thomson was made aware of the acceptance James withdrew it.

an offer is nothing until it is communicated to the party whom made it

Question 3

Wylie & Lochhead v McElroy (1873)

Answer 3

cost of iron fluxuates so offer was only open until the next day.

lapse of offer as iron was fluxuating so pursuer’s delay was unreasonable

Question 4

Carlill v Carbolic Smoke Ball [1893]

Answer 4

advertisements offering rewards are offers to the world .

Question 5

Shaw v James Scott Builders & Co [2010]

Answer 5

through the builders silence has assented to be bound by the contract.

Question 6

Macfarlane v Johnston

Answer 6

johnstons promise to pay the business to help them get out of bankrupcy was a binding obligation

Question 7

Wick Harbour Trs v The Admiralty (1921)

Answer 7

The admirality voluntarily offers to make a payment which is under no legal obligation to make and it is accepted this is a contract.

Question 8

Robertson v Anderson 2003

Answer 8

agreed to split the money at bingo defender said was a social agreement courts held was a contract.

Question 9

Balfour v Balfour [1919]

Answer 9

mr balfour promised to give his wife £30 a week they later sperated and she tried to sue for this.

not a contract as parties didn’t intend that they should be legal consequences

Question 10

May & Butcher v King [1934]

Answer 10

agreement to agree is no a contract

to be a good contract there must be a concluded bargain

Question 11

Hislop v Dickson Motors (Forres) Ltd. 1978

Answer 11

Hislop was pressured to hand some of the money she stole from the business back or they would phone the police she tried to sue and say this was force and fear courts held this was sufficient pressure.

Question 12

Smyth v Rafferty [2014]

Answer 12

women made new will before death giving money to help her failing business -no facility and circumvention when she made her new will.

Question 13

Gray v Binny (1879)

Answer 13

mrs gray influenced her son to sell her the estate for less than it was worth-undue influence

Question 14

Stewart v Kennedy (1890)

Answer 14

Disagreement over fundemental terms of the contract on price of property.Essential error

Question 15

Menzies v Menzies (1893)

Answer 15

The court held that Neil’s consent to the re-settlement was obtained under misleading circumstances, where he was not fully informed of his legal rights-undue influence -essential error

Question 16

Boyd & Forrest v Glasgow S W Ry Co. 1915

Answer 16

incorrect data on the ground where the train tracks were to be built, so the contractor had to spend more money on sorting the ground. They tried to bring an action for the extra cost, but the railway made an innocent mistake.No damages available

Question 17

Butler Machine Tool Co v Ex-Cell-O Corporation (England) Ltd [1979]

Answer 17

by returning the order form butler accepted the counter offer and killed off the original offer they made.

Question 18

Uniroyal Ltd. v Miller 1985

Answer 18

defender created a counter offer which killed pursuers offer.

Question 19

Olley v Marlborough Court Ltd [1949]

Answer 19

exclusion clause in bedroom was post contractual so not valid.

Question 20

Parker v South Eastern Railway Co (1877)

Answer 20

reasonable notice of exclusion clause on ticket was not given so could not stand.

Question 21

McCutcheon v MacBrayne 1964

Answer 21

claimants car was destroyed on ferry but he didnt not sign exclusion clause so company was liable

Question 22

Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd [1894]

Answer 22

reasonable restrictive covenant as it protects the interests of the business.

Question 23

Felthouse v Bindley (1862)

Answer 23

felthouse sent a letter to his nephew saying he wanted to buy his horse and if he didn’t reply to the letter the horse was his.- silence is not acceptance

Question 24

Fisher v Bell [1961]

Answer 24

flick knife was an invitation to treat

Question 25

Hyde v Wrench (1840)

Answer 25

cowrench offered to sell farm for a price then hyde counter offered with a diffrent price when this was rejected he tried to return to the original offer and accept this wrench refused.

Question 26

Philp & Co v Knoblaunch 1907

Answer 26

Knoblaunch wrote to Philip advising 100 tons of linseed and asking if they are any buyers. Philip replied accepting,K failed to deliver and P sued,K claimed there was no contract as they were only advertising and inviting interest.Was held a clear offer, not an invitation to treat.

Question 27

Cantiere San Rocco SA v Clyde Shipbuilding & Engineering Co. Ltd [1924]

Answer 27

contract frustrated by the war

Question 28

Wylie & Lochhead v McElroy & Sons 1873

Answer 28

delay in responding was unreasonable and offer could not be accepted because iron had fluctuated.

Question 29

Earl of Orkney v Vinfra

Answer 29

force and fear - contract void because was signed in fear-person was threatened.

Question 30

McArthur v Lawson [1877]

Answer 30

promise to make employee a partner was not valid as lacked details for partnership contract.

Question 31

Foley v classique coaches

Answer 31

classique coaches - contract was not void for uncertainty -resolved through arbitration.

Question 32

may and butcher V king

Answer 32

agreements to agree is not a contract. Price of tents.

Question 33

Wolf and Wolf v Forfar Potato Co [1984]

Answer 33

counter-offer kills original offer.

Question 34

ParkingEye Ltd v Beavis [2015]

Answer 34

Beavis charge for overstaying was enforceable.

Question 35

Indigo park services v watson

Answer 35

Watson was ordered to pay the charges and associated costs.