Contract Law UK

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Contract Law UK
2012-01-09 15:40:54
contract law UK

Key case law and questions from UK contract law
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  1. Advertisements are usually invitations to treat - what is the case law?
    Partridge v Crittenden
  2. Define an offer
    Clear expression/promise to be bound on acceptance by certain terms
  3. Where an ads wording shows clear intention to be bound by acceptance it may be an offer - case law?
    Carlill v Carbolic Smokeball Co
  4. What is acceptance?
    Unconditional agreement to the terms of an offer
  5. A counter offer impliedly rejects an original offer - case law?
    Hyde v Wrench
  6. Acceptance must be communicated
    Entores v Miles Far East Co
  7. Acceptance cannot (generally) be inferred from silence
    Felthouse v Bindley
  8. It's possible that acceptance could be inferred from silence at the offeree's stipulation (CoA). Case law?
    Re Selectmove
  9. Acceptance with a request for information is not generally a counter-offer - case law?
    Stevenson, Jacques & Co v McLean
  10. Offer can be revoked at any time before acceptance, even if offeror said it would stay open - case law?
    Routledge v Grant
  11. General rule - revocation must be communicated to the offeree - case law?
    Byrne v Van Tienhoven
  12. Revoking an offer to the public should be through the same channel with the same notoriety - case law?
    Shuey v US (persuasive only)
  13. Re revocation - does the postal rule apply (acceptance on sending)? - What case defined the postal rule conditions?
    Adams v Lindsell
  14. What are the conditions of the postal rule?
    • 1 - reasonable to use the post
    • 2 - must be properly posted
    • 3 - offeror must not have implicitly or explicitly excluded the postal rule
  15. Re expressly or impliedly excluding the postal rule - case law?
    Howell v Hughes
  16. If terms not expressly set out - conduct of offeror objectively considered constitutes an offer, and the offeree see actual intention, then contract exists - case law?
    The Leonidas
  17. For variations of contract to be valid there must be?
    Variations should still have agreement - intention - consideration
  18. Re performance of an existing contractual duty - what is the case law re promising to do what was already agreed (no new consideration)?
    Stilk v Myrick
  19. Re performance of existing duty - what is the case law re promising more (additional consideration)?
    Hartley v Ponsonby
  20. If Hartley v Ponsonby doesn't apply (no new consideration) - what case law may be applied to get around Stilk v Myrick?
    Williams v Roffey Bros
  21. What are the elements of the Williams v Roffey Bros principle?
    • + contract for the supply of G&S exists
    • + 1 party doubts other will be able to complete contract
    • + gives promise of extra payment
    • + promisor obtains benefit or obviates disbenefit
    • + no duress or fraud
  22. Economic duress was defined in which case?
    Carillion Construction v Felix
  23. Economic duress was defined in Carillion as pressure which?
    • + created compulsion or lack of choice
    • + was illegitimate
    • + significant cause inducing claimant to enter contract
  24. Define actual authority
    legal relationship between principal and agent created by agreement to which they alone are the parties
  25. Case law re actual and apparent authority?
    Freeman & Lockyer v Buckhurst Park Properties
  26. Define apprent authority
    legal relationship created between principal and agent created by a representation by principal to a contractor, intended to be acted upon by the contractor, that the agent has authority to enter a contract on behalf of the principal.
  27. Agreement to forgo payment must be supported by what?
    Consideration from the other party.
  28. General rule - part payment to forgo a debt is not suffieicnt consideration - case?
    Foakes v Beer
  29. Part payment may be ok if it creates a practical benefit (the consideration) - case law?
    Pinnel's Case
  30. If Foakes v Beer or Pinnels Case don't apply what could be used?
    Promissory estoppel - formulated by Denning J
  31. Promissory estoppel was defined in which case by Denning J?
    Central London Property v High Trees House
  32. What conditions must be satisfied for promissory estoppel to apply?
    • + promise to waive legal rights intended to be acted upon by other party
    • + promisee must act on the reliance of the promise (Alan v El Nasr)
    • + promise does not give rise to cause of action - only defence (Combe v Combe)
    • + must be inequitable for promisor to go back on promise (D & C Builders v Rees)
  33. Does promissory estoppel extinguish or suspend legal rights?
    With ongoing payments eg Central London Property v Hightrees House - probably suspends and extinguishes - can give reasonable notice to go back to full payment, but not get arrears

    Lump sum payments unclear (maybe? Denning obiter in D & C Builders v Rees) - probably stick with Foakes v Beer
  34. The promise only becomes binding if promisee can't resume original position - case?
    Ajayi v Briscoe