Law of contract

acceptance

unconditional agreement to all the terms of an offer

contract

an agreement between two parties which is binding in law and therefore enforceable in court

breach of contract

when a party fails to carry out any obligations under the contract or in carrying it out they fail to do what they are supposed to do

express terms

created from the parties themselves

implied terms

any presumption by the parties of the agreement

conditions

fundamental terms of a contract to make it work

warranties

lesser terms and are generally descriptive

what a contract is made up of

an agreement, an intention to create legal relations, consideration and privity of contract

offer definition

an expression of willingness from one party to contract on certain terms with intention to create a legally binding contract

invitation to treat definition

the early stages of forming the agreement are often not considered to be offers but simply invitations to parties for offers

fisher v Bell 1961

goods on display are in invitation to treat unless explicitly stated. Fishing for invitations

Partridge v Crittenden 1968

Adverts in newspapers are in invitation to treat. Crazy birdman invitation

Carbolic smoke ball 1893

the advert was an example of a unilateral offer as the wording was too specific to be an invitation to treat

Hyde v Wrench 1840

the original offer was rejected by a counter offer

Pretty Pictures 2003

the use of emails to accept a contract when clearly stating to use post is not acceptance

taylor v laird 1856

the offer was not communicated to the offeree so there was no contact to enforce

montefiore 1866

although the offer had not been withdrawn, the time between the offer and acceptance was extreme

Dickinson v Dodds 1867

the offeror is available to withdraw their offer at any time before acceptance