Cases

What is the "Case Name & Citation" in a case brief?

The title of the case (usually “Claimant v Defendant”) and where/when it was reported.

Why does "Case Name & Citation" matter?

It serves as the reference for citing in essays or exams.

What are the "Facts" in a case brief?

A summary of what happened — who did what

Why do the "Facts" matter?

They give enough context to understand the dispute but should focus only on what relates to the legal issue.

What is the "Issue" in a case brief?

The legal question the court had to answer

Why does the "Issue" matter?

It is the core of the case and shows why the case is relevant.

What is the "Decision (Holding)" in a case brief?

The court’s answer to the issue — the ruling or outcome.

Why does the "Decision (Holding)" matter?

It shows the outcome that lawyers and students later cite.

What is "Reasoning (Ratio decidendi)" in a case brief?

The reasoning and legal principle judges used to reach their decision.

Why does "Reasoning (Ratio decidendi)" matter?

It is the precedent (teaching point) that future courts follow.

What is the "Rule of Law" in a case brief?

The legal principle established by the case

Why does the "Rule of Law" matter?

It is the key takeaway to apply to other problems in exams or essays.

What are "Notes/Comments" in a case brief?

Your own reflections

Why do "Notes/Comments" matter?

They help you actively process the case instead of copying passively.

What is the difference between Facts

Issue

What were the facts of Smith v Hughes?

Farmer Smith sold new oats to Hughes

What was the issue in Smith v Hughes?

Could Hughes escape the contract because he mistakenly thought he was buying old oats

What did the court decide in Smith v Hughes?

A binding contract existed; Hughes was bound even though he made a mistake.

What was the reasoning in Smith v Hughes?

The objective test of agreement: a reasonable person would see the contract was for new oats matching the sample.

What rule of law was established in Smith v Hughes?

A unilateral mistake does not void a contract if the agreement is clear by objective standards and there is no misrepresentation.

Why is Smith v Hughes significant?

It established objective agreement in contracts and illustrates caveat emptor (buyer beware).

What were the facts of Carlill v Carbolic Smoke Ball Co?

Company advertised £100 reward for anyone who got influenza after using their product; Carlill used it correctly but still got influenza and claimed.

What was the issue in Carlill v Carbolic Smoke Ball Co?

Was the advertisement a binding offer

What did the court decide in Carlill v Carbolic Smoke Ball Co?

The advertisement was a valid offer; Carlill accepted by performance; consideration existed.

What rule of law was established in Carlill v Carbolic Smoke Ball Co?

Advertisements can be unilateral offers if definite; acceptance can be by performance; consideration exists if there is detriment or expense.

Why is Carlill v Carbolic Smoke Ball Co significant?

It recognised unilateral contracts and showed that advertisements can create binding obligations.

What were the facts of Fisher v Bell?

A shopkeeper displayed a flick knife in his shop window with a price tag; prosecuted under the Restriction of Offensive Weapons Act 1959.

What was the issue in Fisher v Bell?

Does displaying goods with a price tag amount to an “offer for sale” under the Act?

What did the court decide in Fisher v Bell?

The display was only an invitation to treat

What rule of law was established in Fisher v Bell?

Shop window displays are invitations to treat

Why is Fisher v Bell significant?

It reinforced invitation to treat

What were the facts of Pharmaceutical Society v Boots?

Boots used self-service; poisons regulated under the Act were available on shelves; pharmacists supervised at the till

What was the issue in Pharmaceutical Society v Boots?

Was the sale concluded at the shelf or at the till (before/after pharmacist supervision)?

What did the court decide in Pharmaceutical Society v Boots?

Goods on shelves are an invitation to treat; the offer occurs at the till

What rule of law was established in Pharmaceutical Society v Boots?

In self-service shops

Why is Pharmaceutical Society v Boots significant?

It confirmed the principle of invitation to treat and adapted it to self-service stores; still relevant for modern retail/online shopping.

"What were the facts of Felthouse v Bindley (1862)?"

"Paul Felthouse agreed with his nephew to buy a horse. He wrote that if he heard no more

"What was the issue in Felthouse v Bindley?"

"Whether silence or failure to reject an offer can amount to acceptance."

"What did the court decide in Felthouse v Bindley?"

"There was no valid contract. Silence does not amount to acceptance."

"What was the reasoning in Felthouse v Bindley?"

"Acceptance must be clearly communicated; silence cannot be imposed as acceptance by the offeror."

"What principle was established in Felthouse v Bindley?"

"Silence does not constitute acceptance; acceptance must be communicated."

"What were the facts of Adams v Lindsell (1818)?"

"Defendants offered to sell wool by post. The misdirected letter delayed arrival. Plaintiffs posted acceptance immediately

"What was the issue in Adams v Lindsell?"

"Whether acceptance is effective on posting or only on receipt."

"What did the court decide in Adams v Lindsell?"

"Acceptance was effective when posted; a contract was formed before defendants sold to a third party."

"What was the reasoning in Adams v Lindsell?"

"If acceptance were only effective on receipt

"What principle was established in Adams v Lindsell?"

"The Postal Rule: acceptance is effective on posting

"What are the consequences of Adams v Lindsell?"

"Posted acceptance is binding even if withdrawal arrives later

"What were the facts of Brinkibon v Stahag Stahl (1983)?"

"Brinkibon (UK) sent acceptance via telex to Austria. Dispute arose over where contract was formed for jurisdiction."

"What was the issue in Brinkibon v Stahag Stahl?"

"When is a contract formed by instantaneous communication like telex?"

"What did the court decide in Brinkibon v Stahag Stahl?"

"The contract was formed in Austria where the telex was received."

"What was the reasoning in Brinkibon v Stahag Stahl?"

"Postal rule did not apply; rule in Entores applied—acceptance effective on receipt in instantaneous communications."

"What principle was established in Brinkibon v Stahag Stahl?"

"For telex/phone/email

"What were the facts of Byrne v Van Tien Hoven (1880)?"

"Defendants in Cardiff posted offer on 1 Oct to sell tin plates. Plaintiffs in New York received on 11 Oct and accepted immediately. Defendants posted revocation on 8 Oct

"What was the issue in Byrne v Van Tien Hoven?"

"Was revocation effective when posted or only when received?"

"What did the court decide in Byrne v Van Tien Hoven?"

"Revocation was only effective when received. A contract was formed on 11 Oct when plaintiffs accepted."

"What was the reasoning in Byrne v Van Tien Hoven?"

"Revocation must be communicated; posting is not enough if the offeree has already accepted."

"What principle was established in Byrne v Van Tien Hoven?"

"Revocation is only effective upon receipt; posting is insufficient."

"Why is Byrne v Van Tien Hoven significant?"

"It limits the postal rule—acceptance works on posting

"What were the facts of Henthorn v Fraser (1892)?"

"Defendant in Liverpool gave claimant in Birkenhead 14-day option. Next day defendant posted withdrawal. Claimant posted acceptance same day before learning of withdrawal."

"What was the issue in Henthorn v Fraser?"

"Does the postal rule apply where parties are in different towns and post is a reasonable method?"

"What did the court decide in Henthorn v Fraser?"

"Acceptance was effective on posting; withdrawal ineffective as it was not communicated before acceptance."

"What principle was established in Henthorn v Fraser?"

"Postal rule applies where it is reasonable to use post; acceptance effective on posting."

"Why is Henthorn v Fraser significant?"

"It reaffirmed Adams v Lindsell and clarified that postal rule applies when reasonable."

"What were the facts of Holwell Securities v Hughes (1974)?"

"Dr Hughes granted option to buy his house

"What was the issue in Holwell Securities v Hughes?"

"Did the postal rule apply

"What did the court decide in Holwell Securities v Hughes?"

"Postal rule did not apply. 'Notice in writing' required actual communication

"What principle was established in Holwell Securities v Hughes?"

"Postal rule does not apply where offer requires actual notice or where applying it would be absurd."

"Why is Holwell Securities v Hughes significant?"

"It shows parties can exclude the postal rule; courts will follow contract wording and intention."

"What were the facts of Ramsgate Victoria Hotel v Montefiore (1866)?"

"Montefiore applied in June to buy shares and deposited money. Company accepted 6 months later

"What was the issue in Ramsgate Victoria Hotel v Montefiore?"

"Was the offer still valid 6 months later?"

"What did the court decide in Ramsgate Victoria Hotel v Montefiore?"

"The offer had lapsed; no contract was formed."

"What principle was established in Ramsgate Victoria Hotel v Montefiore?"

"An offer lapses if not accepted within a reasonable time