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Contract - Formation
Formation (offer/acc/consid/part payment)
| Term | Definition |
|---|---|
| Gibson v Man City Council | Offers must have definite terms unlike the letter (ITT) |
| Pharmaceutical Society v Boots Cash Chemists | Goods in a self-service shop are an ITT |
| Partridge v Crittenden | Advertisements are usually an ITT |
| Fisher v Bell | Goods on display in a shop window are an ITT |
| Carlill v Carbolic Smoke Ball Co. | Acceptance of a unilateral offer is through performance |
| Barry v Heathcote Ball | Implied (collateral) contract between auctioneer and bidder |
| Harvey v Facey | A request for information and reply isn't an offer |
| Thornton v Shoe Lane Parking | At a machine, acceptance is through inserting money. |
| Routledge v Grant | Revocation of an offer (with comm) can be made at any time |
| Hyde v Wrench | Once an offer is rejected (CO) it cannot be accepted (farm) |
| Dickinson v Dodds | Communication of revocation needn't be by the offeror |
| Ramsgate Victoria Hotel v Montefiore | Offers lapse after end of fixed/reasonable time |
| Stevenson v McLean | Exact timing of offer and acceptance are critical in deciding when a contract comes into existence |
| Felthouse v Bindley | Acceptance cannot be made through silence |
| Reveille Independent v Anotech International | A directory method of acceptance by a particular method does not have to be complied with (mastechef) |
| Adams v Lindsell | If posting rules apply, acceptance takes place at the moment of posting |
| Entores v Miles Far East | With non-postal acceptance, it occurs when offeror is aware of acceptance. Lord Denning quote - ravine |
| Thomas v BPE Solicitors | Email acceptance valid once available to be recieved e.g., work hours |
| Thomas v Thomas | Payment of small rent deemed consideration |
| Chappell v Nestle | Consideration must be sufficient - wrappers amounted to consideration |
| Re McArdle | Past consideration has no value (bungalow inheritence) |
| Roscorla v Thomas | no consideration in second promise for the horse to be free from vice. |
| Re Casey's Patent | There is an expectation of payment for the patent work - good consideration |
| Lampleight v Braithwait | There is an expectation of payment for getting a pardon - good consideration |
| Pao On v Lau Yiu Long | outlines exceptions to Re McArdle. Action done @ promisors request. Expectation of payment. if made at time, would contract be enforceable. |
| Tweddle v Atkinson | agreement between dad and father in law to pay son. dad dies. Son unable to enforce contract - no contract with father in law |
| White v Bluett | not complaining isn't good consideration - not anything of value |
| Ward v Byham | keeping daughter happy is deemed good consideration - above and beyond legal requirement |
| Collins v Godefroy | Witness has a public duty to give evidence so doesn't do anything extra so not good consideration |
| Glasbrook v Glamorgan CC | Despite having a public duty, sending extra police to the coal strike is good consideration |
| Stilk v Myrik | two of the crew desert. Existing contractual duty to get the ship back to safety - not above and beyond - not good consideration |
| Hartley v Ponsonby | Half of the crew desert. Crew must go above and beyond their existing contractual duty - good consideration |
| Williams v Roffey | obviating a disbenefit (avoiding penalty clause) is good consideration and so is the benefit of not employing another |
| Pinnel's Case | a promise to accept part payment of a debt in return for forgoing the balance is not binding - bare promise |
| Byrne v Van Tienhoven | postal rule doesn't apply for revocation - applies upon arrival |
| Foakes v Beer | House of Lords affirmed rule in Pinnels case |
| What are the exceptions to the part payment rule? | Goods offered, early payment, Different place of payment |
Created by:
Oscar.G
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