Contract Law

Offer
1. a definite and unequivocal statement of willingness to be bound on specified terms without further negotiations
2. Termination
  1. revocation
    1. by the offeror at any time prior to acceptance
      1. Routledge v Grant
      2. must be communicated to offeree
        Byrne v Leon Van Tienhoven
  2. rejection
    1. by the offeree - usually as a counter-offer
      1. Hyde v Wrench
      2. a request for further information does not constitute a counter-offer
        Stevenson v McLean
  3. lapse
    1. death of either party
    2. end of offer period
      1. fixed
      2. reasonable
        Ramsgate Victoria Hotel Co v Montefiore
3. Not an offer
  1. invitation to treat
    1. an invitation to the other party to make an offer; e.g. 'we may be prepared to sell' - Gibson v Manchester City Council
    2. most advertisements
      1. Partridge v Crittenden
    3. Shop window displays
      1. Fisher v Bell
    4. goods on shop shelves
      1. Pharmaceutical Society of Great Britain v Boots Cash Chemists
  2. statement of selling price
    1. Harvey v Facey
  3. statement of intention to sell
    1. Harris v Nickerson
4. Can be made in any form - oral, written or by conduct
Acceptance
1. the unqualified and unconditional assent to the terms of an offer. It can be oral, written or by conduct
2. Communication
  1. silence cannot be acceptance
    1. Felthouse v Bindley
  2. postal rule
    1. Adams v Lindsell
  3. Entores v Miles Far Eastern
Intention
1. Commercial
  1. assumption is that intention is to create legal relations
    1. rebuttable: can prove they didn't have intention
      1. Jones v Vernon's Pools
2. Domestic/Social
  1. assumption is there is no intention to create legally binding contract
    1. Balfour v Balfour
    2. rebuttable: can prove you do have intention
      1. Simpkins v Pays
      2. Merritt v Merritt
Consideration
1. 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
Terms
1. Types
  1. Conditions
    1. 'vital to the contract': party will generally have right terminate contract.
    2. A condition is an act or event that affects a party's contractual duty. It is a qualification that is placed on an obligation. The contract conditions determine the parties' obligations. A condition is an act or event that affects a party's contractual duty. It is a qualification that is placed on an obligation.
  2. Warranties
    1. 'subsidiary to the contract': party will not have the right to terminate;
    2. An assurance or promise in a contract, the breach of which may give rise to a claim for damages. It is essentially a minor term of a contract.
  3. Innominate terms
    1. the right to terminate will depend upon the consequences of the breach.
2. Representations
  1. If a seller, when he states a fact, makes it clear that he has no knowledge of his own but has got his information elsewhere and is merely passing it on, it is likely not intended as a contract term.
3. incorporation
  1. reasonable notice; course of dealing; trade practice.
4. a statement, written or oral, made during negotiations leading to a contract
Privity
1. the relation between the parties in a contract which entitles them to sue each other but prevents a third party from doing so.
Breach
1. failing to perform any term of a contract, written or oral, without a legitimate legal excuse

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	Created by Tim Mitchell about 11 years ago

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