week 3 - contract law Flashcards
(11 cards)
what case is an example of offer and acceptance in a retail setting?
pharmaceutical society of gb v boots case
was an offence to sell drugs without the presence of a pharmacist, the defendant had self service shelves so customers could take drugs to the till for payment.
The contract is completed when a customer pays for goods at the counter, not when they have put goods in their basket, therefore the defendant was not committing an offence.
what case is an example of an invitation to treat, not an offer for sale?
fisher v bell case (1961)
A statute dictated that it was an offence to “offer for sale” an offensive weapon, a shop displayed flick knives for sale in their window.
Verdict: as contract law principles specify that displaying items in a shop window constitutes an “invitation to treat” and not an offer for sale, the defendant was acquitted.
what case is an example of the distinction between an offer + a supply of information?
harvey v facey (1893)
H to F: will you sell us bumper hall pen (plot of land) telegraph lowest cash price?
F to H: lowest price is £900.
H to F: we agree to buy for £900 asked by you.
Second telegram: statement of price, not clear as an offer to sell.
decision: facey’s reply was not an offer just a response to a request for info. there was no contract as no offer to sell was made.
what case is an example of dealing with offers, revocation + time limits on acceptance?
routledge v grant (1828)
grant made an offer to routledge to purchase a property and the offer would be open for 6 weeks.
before 6 weeks expired grant revoked the offer.
routledge tried to accept the offer after but within the 6 weeks.
decision: grant was entitled to revoke the offer before acceptance. as routledge had not yet accepted no contract had been formed.
what case is an example of termination by rejection + counter offer?
hyde v wrench (1840)
The defendant offered to sell his farm to the claimant for £1000. The claimant replied, offering to buy a farm for £950.
Defendant refused £950 offer, the claimant attempted to buy the farm for £1000.
Verdict: because a counteroffer was made, it means the original offer was rejected and therefore no longer open.
what case is an example of termination by lapse of time?
ramsgate victoria hotel v montefiore (1866)
The defendant offered to buy in june but claimant did not accept the offer until november, the claimant was then unsuccessful.
what cases are the main ones for social, domestic + family arrangements?
Balfour v balfour (1919): agreement between separated husband and wife to pay maintenance.
Jones v padavatton (1999): payment of allowances to daughter on condition she passes barrister’s exams.
what case is an example of intention to create legal relations in social + domestic agreements?
simpkins v pays 1955
Two family members and a lodger jointly enter newspaper competitions, sharing cost of entry, when the defendant won £750 they refused to pay the claimant.
Verdict: as they had all equally contributed to entering competitions, there is an expectation that the prize would be shared equally.
what case is an example of the creation of a unilateral contract?
errington v errington and woods (1952)
father brought a house of his son and daughter in law and promised if they paid the mortgage instalments the house would become theirs.
- when the father died the mother tried to claim ownership and evict the daughter in law after son moved out.
- fathers promise created a unilateral contract so since she was still performing her part of the contract, she had a right to remain.
what case is an example of advertisements not being offers?
leonard v pepsico inc (1999)
- pepsi ran a promotional campaign showing a jet for 7 million pepsi points.
- john leonard collected points to claim the jet and pepsi refused saying it was a joke so leondard sued.
- court ruled in favour of pepsi stating the ad was not serious and advertisements are generally not considered offers.
what case is an example of a serious advertisement + a unilateral contract?
carlill v carbolic smoke ball co (1893)
- carbolic smoke ball co advertised their product prevents influenza, promising to pay £100 to anyone who used it and got sick.
- mrs carlill used the smoke ball but still caught the flu and sued for £100 reward.
- court ruled in favour of carlill as it was a unilateral offer, a binding contract was formed with carlill followed the instructions. £1000 deposit shows serious intent.
