Flowchart
Formation of a Contract
Flowchart content
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)
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- Flowchart on Formation of a Contract, created by Emily Reygate-O'Neill on 22/10/2023.
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- Emily Reygate-O'Neill
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