Contract Law

Tim Mitchell
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Tim Mitchell
Created by Tim Mitchell about 6 years ago
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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
1.2.1.1 by the offeror at any time prior to acceptance
1.2.1.1.1 Routledge v Grant
1.2.1.1.2 must be communicated to offeree
1.2.1.1.2.1 Byrne v Leon Van Tienhoven
1.2.2 rejection
1.2.2.1 by the offeree - usually as a counter-offer
1.2.2.1.1 Hyde v Wrench
1.2.2.1.2 a request for further information does not constitute a counter-offer
1.2.2.1.2.1 Stevenson v McLean
1.2.3 lapse
1.2.3.1 death of either party
1.2.3.2 end of offer period
1.2.3.2.1 fixed
1.2.3.2.2 reasonable
1.2.3.2.2.1 Ramsgate Victoria Hotel Co v Montefiore
1.3 Not an offer
1.3.1 invitation to treat
1.3.1.1 an invitation to the other party to make an offer; e.g. 'we may be prepared to sell' - Gibson v Manchester City Council
1.3.1.2 most advertisements
1.3.1.2.1 Partridge v Crittenden
1.3.1.3 Shop window displays
1.3.1.3.1 Fisher v Bell
1.3.1.4 goods on shop shelves
1.3.1.4.1 Pharmaceutical Society of Great Britain v Boots Cash Chemists
1.3.2 statement of selling price
1.3.2.1 Harvey v Facey
1.3.3 statement of intention to sell
1.3.3.1 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
2.2.1.1 Felthouse v Bindley
2.2.2 postal rule
2.2.2.1 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
3.1.1.1 rebuttable: can prove they didn't have intention
3.1.1.1.1 Jones v Vernon's Pools
3.2 Domestic/Social
3.2.1 assumption is there is no intention to create legally binding contract
3.2.1.1 Balfour v Balfour
3.2.1.2 rebuttable: can prove you do have intention
3.2.1.2.1 Simpkins v Pays
3.2.1.2.2 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
4.2
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

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