Untitled_1

Question	Answer
Blackpoole and Fylde Aero Club v Blackpool	Would have had winning bid for airline but no one checked the post. invitation to treat. they were given compensation for their effort.
Spencer v Harding	Was there a binding offer of acceptance? wording of contract did not state that highest bid wins.
rose&frank v compton	a contract was made containing an honourable pledge saying it wasn't formal. one party tried to sue and this was impossible.
Hunter v General Accident	diary company tried to promote their company by offering free life insurance for one year if you filled out a form. Held to be an offer and therefore binding.
Entores Ltd v Miles Far East Group	contract made using telex. london buyers made an offer, Holland accepted. contract was made when buyers received acceptance.
Tinn v Hoffman	Two identical offers does not equate to acceptance.
Ramsgate Victoria Hotel v Montefiore	offer to buy shares accepted 6 months later when price went down. waited an unreasonable amount of time and no contract.
Byrne v Van Tienhoven	offer made for tin. received on 11 october and accepted that same day. letter sent on 8th revoking offer. withdrawal not communicated and so binding contract.
Financing Limited v Stimson	went to buy a car. seller wasn't the garage but a finance company. by the time he accepted it had been in a car accident. courts said no, it was different from the offer he had accepted.
Kleinwort Bensen v Malaysia Mining Company	smaller company was a subsidiary of big malaysian mining company. 10 million requested and bank asked mining company to be a guarantor. mining company said no but sent a letter saying it was company policy to ensure the other company paid its debts.
Stevenson, Jacques & Co v McLean	offer made. Buyer tries to negotiate but does not hear back and accepts original offer. binding contract.
Butler Machine Tool v Ex-Cell-o Corp	inflation a problem. What was the offer? seller wanted a price variation clause, buyer did not. Buyer stated it would be on their terms, it was signed. Counter offer by buyer was accepted.
mathieson gee v quigley	M offered to provide equipment for removing silt. Q thought the offer was to remove the silt. no contract.
Hyde v Wrench	offer of £1000. Buyer tries to re-negotiate for £950. seller says no so buyer accepts original offer. Seller no longer interested. Counter offer negates first offer.
Wolf and Wolf v Forfar Potato Company	offer of 1000 tonnes to be delivered by end of january. qualified acceptance, they wanted an earlier delivery date. reply said we confirm you have accepted, please take into consideration our points. NO CONTRACT.
Felthouse v Bindlay	plaintiff wrote to nephew offering to buy horse saying if I hear no news I will consider the offer accepted. you can't do this.
Continental Tyre & Rubber CO	One side wanted their own T&Cs. Tyre suppliers said all sales are under our term and conditions. This delivery note had no meaning whatsoever. On buyers terms.
muirhead v turnbull & dickson	sale of piano. traditional method was where item sold then paid in installments. new method it was hired while installments paid. court held it was traditional method as seller had not stated this.
Adams v Lindsell	Lindsell wrote with an offer to sell goods. Adams accepted but received an offer a day later saying it had already been sold. court said binding contract.
Morrison v Robertson	takes cow to market. buyer claims he is son of famous buinessman to encourage the sale. this was an important part in forming the contract and so it was held to be void.
Moran v University College of Sulford	applied to do a course. sent him way lower entry requirements. cannot take it back. offer accepted.
Brogden v Metropolitan Railway Company	informal arrangement between two parties. they decided to put it in a contract. contract was never signed but the arrangement carried on. courts held contract existed.
Thomson v James	offer sent and then accepted. Withdrawal sent on the same day but it was too late.
Carlill v Carbolic Smoke Ball	her conduct in buying and using it made a contract.
Harvey v Facey	enquiry about house. stated "lowest price £900." they 'accepted' even though this was not an offer. no contract.
Philip & co v knoblauch	stated here a weight and price. claimed it wasn't an offer. courts disagreed.
pharmaceutical society of GB v Boots	pharmaceutical society argued that boots' new practice to allow customers to pick things off the shelves and bring it to the till was unlawful. overruled. display of goods is not an offer.
Wilson v Marquis of Breadalbane	sale of cattle. one thought it was £15 a head, the other £13. difference in price means no contract. cattle had been slaughtered. courts said market price should be applied.
thornton v shoelane parking	machines are offers.
partridge v crittenden	in a book there was a price for bramblefinch cocks. unless it comes from the owner it is an invitation to treat.
Macleod v Kerr	bad effects of an innocent party. vauxhall for sale. galloway paid for it but the cheque was bounced. cheque had been stolen. car couldnt be retrieved because owner had title right.
Balfour v Balfour	Husband promised to pay a regular sum of money to his wife. This was important because he was living abroad in Sri Lanka. He didn’t pay up and tried to sue. The court said promises made between husband and wife. Not a contract.
Meritt v Meritt	as part of divorce agreement there was a promise of certain sums. This was held to be enforceable as it was part of a divorce.
Jones v Vernon Pools	winning coupon. Jones said he’d sent it in. Vernon Pools said he didn’t have to pay as it is binding in honour only. It means only binding if we want it!!
Taylor v Provan	farmer negotiating on cattle price. Has some beers but NOT incapacitated.
Pollock v Burns	Made contract when drunk and wanted out of it several month later. too late.

Next up

Description

Resource summary

Similar

	Created by p.mcewan.12 about 11 years ago