Flashcards
Contracts
Flashcards do conjunto (17)
- 1Explain Offer and AcceptanceOffer must be communicated to the offeree.
All terms of offer must be communicated
Olley v Marlborough Court LTD - 2What is Invitation to treat Relevant case?Invitation to others to make an offer
Can be advertisements, items in a store
- NOT AN OFFER -
Pharmaceutical Society of Great Britain v Boots Cash Chemist - 3How can an offer be terminated?-Revocation by the offeror
-Rejection by the offeree
-Lapse of time
-Failure to a condition
-Death of a party - 4How can an offer be accepted?Must be communicated;
Actions, verbal, written communication
Silence is NOT acceptance - 5Silence or intertia cannot be a condition of acceptance What is the relevant case?FELTHOUSE V BINDLEY
- 6What causes a counter offer? Relevant case?If an offeree comes back to the offeror with different terms
Offeree now becomes offeror and vice versa
Original offer can no longer be accepted
HYDE V WRENCH
"a counter-offer extinguishes the offer" - 7Explain intention to create legal relations Difference between social and business arrangements? Relevant case?All parties involved must have had intention to create legal relations.
Domestic/social arrangements presumed under court as "no intention"
Business arrangements presumed to have "intention"
BALFOUR V BALFOUR - 8What is consideration? Relevant case?The price paid by the promisee for the promisor's promise.
Exchange between parties.
Usually in the form of a monetary payment.
Past consideration is not good consideration.
RE McCARDLE - 9Who has legal capacity?-Over 18
-Not under influence of drugs
-Mentally disposing mind
-Corporations - 10How can minors be approved of "legal capacity"?Approval under court s 9 Minors Contract Act
Obtaining guarantee or indemnity from an adult s 10
Contract directly with the parents - 11What is genuine consent?The basis of the contractual relationship to be found in free will and consent of the parties.
- 12What are the legal challenges to the genuineness of consent?Informed Consent:
-Misrepresentation
-Mistake
(Contractual Remedies Act)
Consent given freely and willingly:
-Unconcionable bargain
-Undue influence
-duress - 13Explain duress in the terms of genuine consentThreatened or actual force against the person, their economic interest, their property and their family.
- 14Define unconscionable bargainWhen someone is taken advantage of when they needed special protection. A plaintiff must show significant impairment, disadvantage or disability i.e. advanced age, illiteracy, poverty, lack of a responsible person to consult, commercial inexperience.
- 15Define mistake (as a legal challenge)Mistake refers to beliefs, misconceptions or errors made by the contracting parties, but does not apply to errors in judgment or assessment of the bargain
- 16Explain a Request for Further Information?Not a counter-offer. Specified as wanting to know more about terms of an offer.
Can include wording such as: "can, could, what if, how about..."
(Watch out for confusing this to counter-offers) - 17What does the postal rule mean? Relevant case?Offers can be accepted via the post.
Acceptance is on postal, not receive
An offer cannot be revoked through post.
Byrne & Co v Leon Van Tein Hoven & Co
Informações
- Descrição
- 6 Legal Systems FlashCards sobre Contracts, criado por Lauren Lewis em 05-04-2016.
- Criado por
- Lauren Lewis
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