Anglais speedrun

Guthing v. Lynn

offer must be firm and not a negociating point

WN Hillas &Co LTD v. Arcos LTD

Clarifications of the offer

Patridge v. Crittenden

ad = invitation to treat

Grainger &Son v. Gough

Price list =/= offer

Pharmaceutical society v. Boots

displays =/= offer

Dickinson v. Dodds

Third party for revocation of the offer before acceptance

Errington v. Errington woods

Starting of performance

Hotel Montefiore

Lapse of time

Butler v. Ex-Cell-O corp.

Mirror

Hyde v. wrench

counteroffer if you change one thing

Stevenson McLean

Further info =/= counteroffer

Felthouse v. Bindey

silence =/= acceptance

Entores v. Miles Fast East Corp

Start when actually received

The Brimnes

Business hours

Adam v. Lindsell

Properly posted (stamped + addressed)

Holwell Securites v. Hughes

Exception : require actual communication

Tinn v. Hoffman

equally effective

Offer

an expression of willingness to contract on specified terms, made with the intention that it becomes binding as soon as it is accepted

Contract

A legally enforceable agreement between two or more parties. It can be written, verbal, or implied by conduct. Most contract don’t require any special formality, though certain types must be in writing, by deed, or evidenced in writing to be enforceable

Conditions to a legally enforceable agreement

1. offer

2. acceptance

3. consideration

4. intention to create legal relations

5. certainty as to the terms of the agreement

6. capacity

7. contract must be legal in itself

8. complience with the requirede formalities

2 types of consideration

executory consideration : exchange with something yet to be done
exectuted consideration : the act in exchange is done

Roscola v. Thomas

promise after the act is voluntarily performed : not valid

Re Mc Ardle

Promise / consideration can not be made after the act is done / executed

Re Casey’s Patent

Exception to past consideration : both parties understand that payment will be made

Requirements of consideration

• real

• tangible

• valuable

• no need for an adequacy of consideration

White v. Bluett

The value of the consideration is valuable in the eye of the law

Exception of past consideration declared enforceable by the judge

• existing public duties

• contractual duty owed to a third party

• duty imposed by law

High Trees case

Promissory estoppel : allows someone to stop another to follow their promise

Conditions of promissory estoppel

• contractual relationship

• obvious promise from the promisor not to enforce his full legal rights

• promise can be implied by conduct (but not silence nor failure to act)

• promisee acts in reliance on the promise

Contracts in violation of common / statutory law

• against public policy

• unenforceable

• no existence in law

• no legal action possible

The contract is declared by the courts to have never existed because of a vitiating factor

Void

The victim of the vitiating factor in the contract can choose to let the contract stand or not

Voidable

Conditions of misrepresentation

• statement is false

  • does not come from silence, except contract in which the utmost good faith is required : ex : insurance company

• Statement of fact, not of law

• Inducement

Mistake

• objectively assessed by the courts

• must happen before the contract is completed

• of fact and of law

Shared mistake

Void

Mistake that relates to the existence of the subject matter (roots) of the contract

Fundamental mistake : void

Ownership mistake

Rare, void