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Advertisements are usually invitations to treat - what is the case law?
Partridge v Crittenden
Define an offer
Clear expression/promise to be bound on acceptance by certain terms
Where an ads wording shows clear intention to be bound by acceptance it may be an offer - case law?
Carlill v Carbolic Smokeball Co
What is acceptance?
Unconditional agreement to the terms of an offer
A counter offer impliedly rejects an original offer - case law?
Hyde v Wrench
Acceptance must be communicated
Entores v Miles Far East Co
Acceptance cannot (generally) be inferred from silence
Felthouse v Bindley
It's possible that acceptance could be inferred from silence at the offeree's stipulation (CoA). Case law?
Acceptance with a request for information is not generally a counter-offer - case law?
Stevenson, Jacques & Co v McLean
Offer can be revoked at any time before acceptance, even if offeror said it would stay open - case law?
Routledge v Grant
General rule - revocation must be communicated to the offeree - case law?
Byrne v Van Tienhoven
Revoking an offer to the public should be through the same channel with the same notoriety - case law?
Shuey v US (persuasive only)
Re revocation - does the postal rule apply (acceptance on sending)? - What case defined the postal rule conditions?
Adams v Lindsell
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
Re expressly or impliedly excluding the postal rule - case law?
Howell v Hughes
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?
For variations of contract to be valid there must be?
Variations should still have agreement - intention - consideration
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
Re performance of existing duty - what is the case law re promising more (additional consideration)?
Hartley v Ponsonby
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
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
Economic duress was defined in which case?
Carillion Construction v Felix
Economic duress was defined in Carillion as pressure which?
- + created compulsion or lack of choice
- + was illegitimate
- + significant cause inducing claimant to enter contract
Define actual authority
legal relationship between principal and agent created by agreement to which they alone are the parties
Case law re actual and apparent authority?
Freeman & Lockyer v Buckhurst Park Properties
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.
Agreement to forgo payment must be supported by what?
Consideration from the other party.
General rule - part payment to forgo a debt is not suffieicnt consideration - case?
Foakes v Beer
Part payment may be ok if it creates a practical benefit (the consideration) - case law?
If Foakes v Beer or Pinnels Case don't apply what could be used?
Promissory estoppel - formulated by Denning J
Promissory estoppel was defined in which case by Denning J?
Central London Property v High Trees House
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)
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
The promise only becomes binding if promisee can't resume original position - case?
Ajayi v Briscoe