Contract Law

Contract Law

1. 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
     • 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
     • lapse
       • death of either party
       • end of offer period
         • fixed
         • reasonable
           • Ramsgate Victoria Hotel Co v Montefiore
   • 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
       • Shop window displays
         • Fisher v Bell
       • goods on shop shelves
         • Pharmaceutical Society of Great Britain v Boots Cash Chemists
     • statement of selling price
       • Harvey v Facey
     • statement of intention to sell
       • Harris v Nickerson
   • Can be made in any form - oral, written or by conduct

2. 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
     • postal rule
       • Adams v Lindsell
     • Entores v Miles Far Eastern

3. Intention

   • Commercial
     • assumption is that intention is to create legal relations
       • rebuttable: can prove they didn't have intention
         • Jones v Vernon's Pools
   • 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

4. 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

5. Terms

   • Types
     • Conditions
     • Warranties
     • Innominate terms
   • Representations
   • incorporation
   • a statement, written or oral, made during negotiations leading to a contract

6. Privity

7. Breach