Untitled Deck Flashcards

(34 cards)

1
Q

Contract Law
Carlill V Carbolic Smoke Ball Co 1893 states?

A

Ads can be offers when legally bounding- unilateral offer, acceptance by conduct

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2
Q

Contract Law
Partridge V Crittenden 1968 states?

A

Ads are invitations to treat not offers

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3
Q

Lefkowitz V Great Minneapolis Surplus Store 1957 states?

A

Ads can be offers if clear, definite and explicit

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4
Q

pharmaceutical Society V boots 1953 states?

A

Placing goods on shelves are an invitation to treat.

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5
Q

Contract Law
Harvey V Facey 1893 states?

A

Statement of price is an offer

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5
Q

Fisher V Bell 1961 states?

A

Display of goods is not an offer.

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6
Q

Dunlop Pneumatic Tyre Co LTD V Selfridge and CO LTD 1915 states?

A

only parties who provide consideration may enforce the contract meaning that if only one is giving consideration then they are the only one obligated to enforce the contract

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6
Q

Contractual Consideration
Chappel and Co V Nestle 1960 states?

A

Consideration must be sufficient, need not adequate , silly or small it all counts.

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7
Q

Stilk V Myrick 1809 states?

A

promises to perform what you’re already bound to do is not valid consideration

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8
Q

Williams V Roffey Bros 1991 states?

A

practical benefits make existing duties valid consideration

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9
Q

Contract Law
Balfour V Balfour 1919 states?

A

domestic agreements is = no legal intentions

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10
Q

Contract Law
Merritt V Merritt 1970 states?

A

Separation is = legal intention presumed

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11
Q

Lake V Craddock 1732 is a case of?

A

Tenancy in Common

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12
Q

Property Law
Re Drapers Conveyance 1977 is a case of?

A

Joint Tenancy

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13
Q

Great Northern Railway Co V Swaffield 1874 states?

A

its permitted that an agent takes reasonable and necessary actions on behalf of a principal in urgent situations even without prior authorisation.

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14
Q

Springer V Western Railway Co states?

A

must only rely on agency by necessity when principal is impossible to contact.

15
Q

Hyde V Wrench 1840 states?

A

A counter-offer kills the original offer therefore once rejected, cannot offer to pay the initial offer.

16
Q

Adams V Lindsell 1818 states?

A

Acceptance is complete once acceptance letter of offer is posted not received by offeror.

17
Q

Consumer Rights
Nesbit V Porter 2000 states?

A

occasional consumer sales by a business seller fall under the CGA, protecting buyers when the product is of a kind bought for personal use.

18
Q

What is a consumer?

A

Under s2 of the CGA 1993 a consumer is someone who acquires from a supplier goods or services of a kind ordinarily for personal, domestic and household use or consumption.

19
Q

Consumers Guarentees Act 1993 s 6-12 cover?

A

Guarantees for goods that of to be acceptable quality and fit for purpose.

20
Q

Consumers Guarentees Act 1993 s 28 cover?

A

that of goods or services are at a reasonable price.

21
Q

Consumers Guarentees Act 1993 s 29 cover?

A

reasonable time for services.

22
Q

Consumers Guarentees Act 1993 s 30 cover?

A

Reasonable care in skill in services.

23
Fair Trading Act 1986 s 9 cover?
no person shall engage in misleading or deceptive conduct.
24
Fair Trading Act 1986 s 11 cover?
no person shall falsely represent goods or services
25
Fair Trading Act 1986 s 12A cover?
no unsubstantiated representations
26
Fair Trading Act 1986 s 13 cover?
no false representation of quality, origin or price.
27
Fair Trading Act 1986 s 14 cover?
no person shall offer gifts/prizes with no intent to supply
28
what case law does Commerce Commission V Vodafone and Red Eagle V ellis 2010 have in common
the case to mislead as to what a reasonable person believes is misleading
29
Land Transfer Act 2017 s 51 covers?
title is indefeasible unless fraud is involved Frazer V Walker
30
Family Protection Act 1955 covers what?
the right to challenging a will Re Welch 1990- importance of moral duty to provide.
31
Commercial and Contract Law Act 2017 part 2 subpart 1 covers?
Contract information (offers, acceptances)
32
Commercial and Contract Law Act 2017 s 212-214 covers?
the postal rule of acceptance