327429
Description
Mind Map by Tim Mitchell, updated more than 1 year ago
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Created by Tim Mitchell
over 10 years ago
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Contract
Law
- Offer
- a definite and unequivocal
statement of willingness to be
bound on specified terms
without further negotiations
- Termination
- revocation
- by the offeror
at any time
prior to
acceptance
- Routledge v
Grant
- must be
communicated to
offeree
- Byrne v Leon
Van
Tienhoven
- Byrne v Leon
Van
Tienhoven
- Routledge v
Grant
- by the offeror
at any time
prior to
acceptance
- 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
- Stevenson v
McLean
- Hyde v
Wrench
- by the offeree
- usually as a
counter-offer
- lapse
- death of
either
party
- end of offer
period
- fixed
- reasonable
- Ramsgate Victoria
Hotel Co v
Montefiore
- Ramsgate Victoria
Hotel Co v
Montefiore
- fixed
- death of
either
party
- revocation
- Not an
offer
- 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
- Partridge v
Crittenden
- Shop window
displays
- Fisher v
Bell
- Fisher v
Bell
- goods on shop
shelves
- Pharmaceutical Society of
Great Britain v Boots Cash
Chemists
- Pharmaceutical Society of
Great Britain v Boots Cash
Chemists
- an invitation to the other party to make
an offer; e.g. 'we may be prepared to
sell' - Gibson v Manchester City Council
- statement
of selling
price
- Harvey v
Facey
- Harvey v
Facey
- statement of
intention to
sell
- Harris v
Nickerson
- Harris v
Nickerson
- invitation to
treat
- Can be made in any form
- oral, written or by
conduct
- a definite and unequivocal
statement of willingness to be
bound on specified terms
without further negotiations
- Acceptance
- the unqualified and
unconditional assent to
the terms of an offer. It
can be oral, written or by
conduct
- Communication
- silence cannot
be acceptance
- Felthouse v
Bindley
- Felthouse v
Bindley
- postal
rule
- Adams v
Lindsell
- Adams v
Lindsell
- Entores v
Miles Far
Eastern
- silence cannot
be acceptance
- the unqualified and
unconditional assent to
the terms of an offer. It
can be oral, written or by
conduct
- Intention
- Commercial
- assumption is that
intention is to create legal
relations
- rebuttable: can prove
they didn't have
intention
- Jones v Vernon's
Pools
- Jones v Vernon's
Pools
- rebuttable: can prove
they didn't have
intention
- assumption is that
intention is to create legal
relations
- Domestic/Social
- 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
- Simpkins v
Pays
- Balfour v
Balfour
- assumption is there is
no intention to create
legally binding contract
- Commercial
- Consideration
- 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
- 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
- Terms
- Types
- Conditions
- Warranties
- Innominate
terms
- Conditions
- Representations
- incorporation
- a statement, written or
oral, made during
negotiations leading to a
contract
- Types
- Privity
- Breach
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