Contract Law Case Study Flashcards

A comprehensive collection of flashcards covering key contract law cases, rules, and tests as presented in the lecture notes.

Pharmaceutical Society v Boots

Established that a shop display is an invitation to treat (ITT), not an offer.

Fisher v Bell

Reinforced the rule that a display is an invitation to treat (ITT).

Carlill v Carbolic Smoke Ball

Determined that acceptance can be by conduct in the context of unilateral contracts.

Entores v Miles Far East

Established the telex rule, which states that acceptance occurs upon receipt.

Hyde v Wrench

Defined the mirror rule, where a counter-offer kills the original offer.

Currie v Misa

Provides the definition of consideration as a benefit or detriment.

Dunlop v Selfridge

Establishes the privity link that consideration must move from the promisor.

Re McArdle

States that past consideration is not valid and results in no enforceability.

Lampleigh v Braithwaite

Created an exception for past consideration where an implied request makes the deal enforceable.

Hong Kong Fir Shipping v Kawasaki

Introduced an effect-based breach test for flexibility between conditions and warranties.

Poussard v Spiers

Determined that a breach of a condition leads to termination as it is a fundamental breach.

Bettini v Gye

Determined that a breach of a warranty leads to damages only because it is a minor breach.

The Moorcock

Established the business efficacy test as a gap filler for implied terms.

Shirlaw v Southern Foundries

Established the obvious term test for implied necessity.

Thornton v Shoe Lane Parking

The ticket machine rule stating that notice must be given before the contract is formed.

Photo Production v Securicor

Reflects the modern approach where clear wording in exclusion clauses is enforced.

Derry v Peek

Established the fraud test, defining fraud as knowledge or recklessness.

Redgrave v Hurd

Established the inducement rule stating that reliance on a representation is sufficient.

Smith v Hughes

Applied an objective test stating there is no general duty to disclose.

Great Peace Shipping v Tsavliris

Established a narrow doctrine requiring a fundamental mistake for a contract to be void.

Hartog v Colin & Shields

Determined that a contract is void if there is a known mistake or obvious error.

Shogun Finance v Hudson

Established that identity is crucial if it involves a written contract.

Universe Tankships v ITWF

Identified that illegitimate pressure constitutes economic duress and voids the contract.

Pao On v Lau Yiu Long

Provided a pressure analysis based on voluntariness factors in duress.

Royal Bank of Scotland v Etridge

Established that presumed influence in relationship abuse shifts the burden of proof.

Hadley v Baxendale

The core damages rule based on a foreseeability test.

Victoria Laundry v Newman

Determined that special knowledge increases liability in commercial expansion.

British Westinghouse v Underground Electric

Established that a party must mitigate loss, as avoidable loss is barred.

Beswick v Beswick

Established that specific performance is an equitable and discretionary remedy.