61389
Descrição
Mapa Mental por gabriellafearns, atualizado more than 1 year ago
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Criado por gabriellafearns
mais de 11 anos atrás
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Offer and Acceptance
- FORMATION OF CONTRACT
- Pre-Contractual phase
- British Steel Case
- Held -- there was no contract, they had
failed to agree a price and the issue of
liablity. HOWEVER did extra-contractual
cause of action restitution
- NB/ Ball
contends in
LQR 1993 -
law should
take a more
flexible
approach
however
Andrews says
this would ruin
freedom of
contract.
- NB/ Ball
contends in
LQR 1993 -
law should
take a more
flexible
approach
however
Andrews says
this would ruin
freedom of
contract.
- Held -- there was no contract, they had
failed to agree a price and the issue of
liablity. HOWEVER did extra-contractual
cause of action restitution
- RTS v Muller
- there was a 'subject to contract'
bar --> SC held that where the
parties completed 3/4 of the tasks
they implicitly waived StoC bar.
- Lord Clarke -
says StoC is
not always
conclusive -
may find a
contract
where (i)
significant
performance
(ii) loose ends
tied up.
- Lord Clarke -
says StoC is
not always
conclusive -
may find a
contract
where (i)
significant
performance
(ii) loose ends
tied up.
- there was a 'subject to contract'
bar --> SC held that where the
parties completed 3/4 of the tasks
they implicitly waived StoC bar.
- British Steel Case
- Agreements prior to formation of contract NB English law X recognise 'good
faith'
- Walford v Miles
- Good faith would be too vague
and would require the courts to
inquire - drenched in
subjectivity.
- Could have a 'lock out'
clause if period is fixed.
- Could have a 'lock out'
clause if period is fixed.
- Good faith would be too vague
and would require the courts to
inquire - drenched in
subjectivity.
- Walford v Miles
- Main aspects of proposed transaction
- Queensland Electric v Hope Colleries
- 15 yr supply contract - said after 5
years provisions shall continue - tried to
argue that this was no more than an
agreement to agree - held OBJ.
- 15 yr supply contract - said after 5
years provisions shall continue - tried to
argue that this was no more than an
agreement to agree - held OBJ.
- Queensland Electric v Hope Colleries
- ANCILLARY AGREEMENTS
- Petromec v Petroelo
- suggests a 'built-on'
negotiation clause may be
valid.
- Longmore LJ
--> says (i)
uncertainty (ii)
termination (iii)
diff to assess
loss
HOWEVER if
this is ancillary
certainty is
dealt with in
main
agreement
- Longmore LJ
--> says (i)
uncertainty (ii)
termination (iii)
diff to assess
loss
HOWEVER if
this is ancillary
certainty is
dealt with in
main
agreement
- suggests a 'built-on'
negotiation clause may be
valid.
- Petromec v Petroelo
- Pre-Contractual phase
- OFFER
- Clear unequivocal willingess to be bound upon the offerees acceptance
- Contrast - INVITATION TO TREAT
- British Pharmaceutical v
Boots - held that taking
off shelves not
acceptance at most it is
an offer to the cashier.
- British Pharmaceutical v
Boots - held that taking
off shelves not
acceptance at most it is
an offer to the cashier.
- Contrast - INVITATION TO TREAT
- Clear unequivocal willingess to be bound upon the offerees acceptance
- ACCEPTANCE
- (i) Awareness of the offer Taylor v Allon - offered temp insurance and didnt know
- (ii) Must not have forgotten about the offer Gibbons v Proctor
- NB/ action does not have to be in response to offer Williams v Carwardine - told them information
so wouldn't go to hell on death bed.
- NB/ action does not have to be in response to offer Williams v Carwardine - told them information
so wouldn't go to hell on death bed.
- (ii) Must not have forgotten about the offer Gibbons v Proctor
- (i) Awareness of the offer Taylor v Allon - offered temp insurance and didnt know
- Sequential analysis Gibson v Manchester CC
- PROBLEM OF SILENCE
- Felthouse v Bindley - silence will not suffice, vulnerable and equivocal.
- Rust v Abbey Life - failed to cancel insurance for 7 years - held acceptance
- Nissan v Nissan - Exchanged Faxes , delivering CofA held actions spoke as loud as words
- Nissan v Nissan - Exchanged Faxes , delivering CofA held actions spoke as loud as words
- Rust v Abbey Life - failed to cancel insurance for 7 years - held acceptance
- Felthouse v Bindley - silence will not suffice, vulnerable and equivocal.
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