Contract Law

How could Blue v Ashley [2017] be summarised?

Ashley joked about rewarding Blue with millions if share price increased - Blue took this seriously + sued, however court found there was no contract as that was not the intention behind the occasion

What is Blue v Ashley precedent for?

A case without an offer

What is an offer?

A clear expression of a willingness to be bound to specified terms

How could Carlill v Carbolic Smoke Ball Company [1893] be summarised?

CSBC advertised a smoke ball + claimed it would prevent the flu - gave set instructions for use and to demonstrate “sincerity” they placed £1,000 in a bank which Carlill claimed her £100 from

What is Carlill v Carbolic Smoke Ball Company [1893] precedent for?

Cases where intention to be bound and clear terms are present

What is Harvey v Facey [1893] precedent for?

Cases where information is requested (no offer)

What is an invitation to treat?

A statement that shows a willingness to receive offers (not an offer)

What do invitations to treat lack?

Legal status

What does the law presume about advertisements?

That they are often invitations to treat as it could be commercially unworkable if large numbers of people accept 

What is a presumption?

default position in law - based upon other cases + is applied similarly

What are the responses to an offer?

What is a contract?

An offer with a properly communicated acceptance

How could Patridge v Crittenden [1968] be summarised?

A magazine advert for birds

What is Patridge v Crittenden [1968] an example of?

adverts are generally invitations to treat or they could be commercially unworkable

How could Pharmaceutical v Boots Cash Chemists [1952] be summarised?

There was a dispute as to where the contract is formed as they had a particular poison that needed monitoring on the shelf

What is Pharmaceutical v Boots Cash Chemists [1952] an example of?

The display of goods being an invitation to treat + contracts are formed at the till

What is the legal effect of a counter offer?

It “kills” the orginal offer + cannot be undone

What is Hyde v Wrench [1840] an example of?

Counter offers “killing” the original offer

What is the receipt rule?

This is when acceptance occurs when the offeror receives the communication (usually instantaneous communication) 

What is an offeror?

Someone who presents an offer

What is an offeree?

Someone who receives an offer

What is Entores v Miles Far East Company [1955] precedent for?

The receipt rule + instantaneous communication

What is the postal rule?

This is when acceptance is communicated at the point of posting the acceptance letter

What is Adams v Lindsell [1818] an example of?

The postal rule

What is Dickinson v Dodds [1878] precedent for?

Revocation of an offer

When is revocation an acceptable response?

When it is communicated to the offeree before acceptance