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Contract Law

Tim Mitchell F4 - Corporate and Business Law ACCA Qualification English 4.3Average rating 4.3 out of 5 (3 ratings) 1,214 views

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Contract Law

  1. 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
      • 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
      • lapse
        • death of either party
        • end of offer period
          • fixed
          • reasonable
            • Ramsgate Victoria Hotel Co v Montefiore
    • 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
    • Can be made in any form - oral, written or by conduct
  2. 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
  3. Intention

    • Commercial
      • assumption is that intention is to create legal relations
        • rebuttable: can prove they didn't have intention
          • Jones v Vernon's Pools
    • 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
  4. 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
  5. Terms

    • Types
      • Conditions
      • Warranties
      • Innominate terms
    • Representations
    • incorporation
    • a statement, written or oral, made during negotiations leading to a contract
  6. Privity

  7. Breach

Information

Description
Work in progress from Monday's revision session
Created by
Tim Mitchell · Nov 2013
Updated
Nov 14, 2017
Views
1,214
Rating
Average rating 4.3 out of 5 (3 ratings)

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