Contract Law

Tim Mitchell
Mind Map by , created about 6 years ago

Work in progress from Monday's revision session

Tim Mitchell
Created by Tim Mitchell about 6 years ago
English Forms and Functions Sources
Lorren Mearns
GCSE Environmental Science
Of Mice and Men
The GoConqr Guide to End of Term Exams
Sarah Egan
The English Legal System
Tim Mitchell
Terms to Remember
Tim Mitchell
Contract Law Key Terms
GCSE law Consumer Contract B144 WHOLE UNIT
Angela Dickinson
Managing resources
Time for Business sample
Contract Law
1 Offer
1.1 a definite and unequivocal statement of willingness to be bound on specified terms without further negotiations
1.2 Termination
1.2.1 revocation by the offeror at any time prior to acceptance Routledge v Grant must be communicated to offeree Byrne v Leon Van Tienhoven
1.2.2 rejection by the offeree - usually as a counter-offer Hyde v Wrench a request for further information does not constitute a counter-offer Stevenson v McLean
1.2.3 lapse death of either party end of offer period fixed reasonable Ramsgate Victoria Hotel Co v Montefiore
1.3 Not an offer
1.3.1 invitation to treat an invitation to the other party to make an offer; e.g. 'we may be prepared to sell' - Gibson v Manchester City Council most advertisements Partridge v Crittenden Shop window displays Fisher v Bell goods on shop shelves Pharmaceutical Society of Great Britain v Boots Cash Chemists
1.3.2 statement of selling price Harvey v Facey
1.3.3 statement of intention to sell Harris v Nickerson
1.4 Can be made in any form - oral, written or by conduct
2 Acceptance
2.1 the unqualified and unconditional assent to the terms of an offer. It can be oral, written or by conduct
2.2 Communication
2.2.1 silence cannot be acceptance Felthouse v Bindley
2.2.2 postal rule Adams v Lindsell
2.2.3 Entores v Miles Far Eastern
3 Intention
3.1 Commercial
3.1.1 assumption is that intention is to create legal relations rebuttable: can prove they didn't have intention Jones v Vernon's Pools
3.2 Domestic/Social
3.2.1 assumption is there is no intention to create legally binding contract Balfour v Balfour rebuttable: can prove you do have intention Simpkins v Pays Merritt v Merritt
4 Consideration
4.1 an act of forbearance (or the promise of it) on the part of one party to a contract as the price of the promise made to him by the other party to the contract
5 Terms
5.1 Types
5.1.1 Conditions
5.1.2 Warranties
5.1.3 Innominate terms
5.2 Representations
5.3 incorporation
5.4 a statement, written or oral, made during negotiations leading to a contract
6 Privity
7 Breach

Media attachments