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Contract - Formation

Formation (offer/acc/consid/part payment)

TermDefinition
Gibson v Man City Council Offers must have definite terms unlike the letter (ITT)
Pharmaceutical Society v Boots Cash Chemists Goods in a self-service shop are an ITT
Partridge v Crittenden Advertisements are usually an ITT
Fisher v Bell Goods on display in a shop window are an ITT
Carlill v Carbolic Smoke Ball Co. Acceptance of a unilateral offer is through performance
Barry v Heathcote Ball Implied (collateral) contract between auctioneer and bidder
Harvey v Facey A request for information and reply isn't an offer
Thornton v Shoe Lane Parking At a machine, acceptance is through inserting money.
Routledge v Grant Revocation of an offer (with comm) can be made at any time
Hyde v Wrench Once an offer is rejected (CO) it cannot be accepted (farm)
Dickinson v Dodds Communication of revocation needn't be by the offeror
Ramsgate Victoria Hotel v Montefiore Offers lapse after end of fixed/reasonable time
Stevenson v McLean Exact timing of offer and acceptance are critical in deciding when a contract comes into existence
Felthouse v Bindley Acceptance cannot be made through silence
Reveille Independent v Anotech International A directory method of acceptance by a particular method does not have to be complied with (mastechef)
Adams v Lindsell If posting rules apply, acceptance takes place at the moment of posting
Entores v Miles Far East With non-postal acceptance, it occurs when offeror is aware of acceptance. Lord Denning quote - ravine
Thomas v BPE Solicitors Email acceptance valid once available to be recieved e.g., work hours
Thomas v Thomas Payment of small rent deemed consideration
Chappell v Nestle Consideration must be sufficient - wrappers amounted to consideration
Re McArdle Past consideration has no value (bungalow inheritence)
Roscorla v Thomas no consideration in second promise for the horse to be free from vice.
Re Casey's Patent There is an expectation of payment for the patent work - good consideration
Lampleight v Braithwait There is an expectation of payment for getting a pardon - good consideration
Pao On v Lau Yiu Long outlines exceptions to Re McArdle. Action done @ promisors request. Expectation of payment. if made at time, would contract be enforceable.
Tweddle v Atkinson agreement between dad and father in law to pay son. dad dies. Son unable to enforce contract - no contract with father in law
White v Bluett not complaining isn't good consideration - not anything of value
Ward v Byham keeping daughter happy is deemed good consideration - above and beyond legal requirement
Collins v Godefroy Witness has a public duty to give evidence so doesn't do anything extra so not good consideration
Glasbrook v Glamorgan CC Despite having a public duty, sending extra police to the coal strike is good consideration
Stilk v Myrik two of the crew desert. Existing contractual duty to get the ship back to safety - not above and beyond - not good consideration
Hartley v Ponsonby Half of the crew desert. Crew must go above and beyond their existing contractual duty - good consideration
Williams v Roffey obviating a disbenefit (avoiding penalty clause) is good consideration and so is the benefit of not employing another
Pinnel's Case a promise to accept part payment of a debt in return for forgoing the balance is not binding - bare promise
Byrne v Van Tienhoven postal rule doesn't apply for revocation - applies upon arrival
Foakes v Beer House of Lords affirmed rule in Pinnels case
What are the exceptions to the part payment rule? Goods offered, early payment, Different place of payment
Created by: Oscar.G
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