Formation of a Contract

Formation of a Contract

ONE - Offer + Acceptance

TWO - Intention

THREE - Minimal certainty

FOUR - Consideration

Boulder Consolidated Ltd v Tangaere

Per McMillan J: 1 - firm offer w acceptance; 2 - diff from ItT (request which may lead to cont); 3 - objective test of "apparent meeting of the minds"; 4 - Offer = condition for acceptance

Per Cooke J: new global approach to contracts, no requirement for a signed letter

Carlill v Carbolic Smoke Ball Co per Bowen J

Generally, advertisements = ItT, BUT here it made clear offer and specified terms of acceptance (use of ball 3 times daily for 2 weeks + catching cold), deposit was significant, more than mere puff, HELD as unilateral contract

Pharmaceutical Society of Great Britain v Boots Cash Chemists per Somerville LJ

In store sales, offer (consumer bringing item to register) is accepted by shopkeeper agreeing to sell it (v important in pharmacy)