Mind map
Contract Law
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Contract Law
Offer
- a definite and unequivocal statement of willingness to be bound on specified terms without further negotiations
- Termination
- revocation
- by the offeror at any time prior to acceptance
- Routledge v Grant
- must be communicated to offeree
- Byrne v Leon Van Tienhoven
- by the offeror at any time prior to acceptance
- rejection
- by the offeree - usually as a counter-offer
- Hyde v Wrench
- a request for further information does not constitute a counter-offer
- Stevenson v McLean
- by the offeree - usually as a counter-offer
- lapse
- death of either party
- end of offer period
- fixed
- reasonable
- Ramsgate Victoria Hotel Co v Montefiore
- revocation
- Not an offer
- invitation to treat
- an invitation to the other party to make an offer; e.g. 'we may be prepared to sell' - Gibson v Manchester City Council
- most advertisements
- Partridge v Crittenden
- Shop window displays
- Fisher v Bell
- goods on shop shelves
- Pharmaceutical Society of Great Britain v Boots Cash Chemists
- statement of selling price
- Harvey v Facey
- statement of intention to sell
- Harris v Nickerson
- invitation to treat
- Can be made in any form - oral, written or by conduct
Acceptance
- the unqualified and unconditional assent to the terms of an offer. It can be oral, written or by conduct
- Communication
- silence cannot be acceptance
- Felthouse v Bindley
- postal rule
- Adams v Lindsell
- Entores v Miles Far Eastern
- silence cannot be acceptance
Intention
- Commercial
- assumption is that intention is to create legal relations
- rebuttable: can prove they didn't have intention
- Jones v Vernon's Pools
- rebuttable: can prove they didn't have intention
- assumption is that intention is to create legal relations
- Domestic/Social
- assumption is there is no intention to create legally binding contract
- Balfour v Balfour
- rebuttable: can prove you do have intention
- Simpkins v Pays
- Merritt v Merritt
- assumption is there is no intention to create legally binding contract
- Commercial
Consideration
- an act of forbearance (or the promise of it) on the part of one party to a contract as the price of the promise made to him by the other party to the contract
Terms
- Types
- Conditions
- Warranties
- Innominate terms
- Representations
- incorporation
- a statement, written or oral, made during negotiations leading to a contract
- Types
Privity
Breach
Information
- Description
- Work in progress from Monday's revision session
- Created by
- Tim Mitchell · Nov 2013
- Updated
- Nov 14, 2017
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