H418/04 – The nature of law and the law of contrac
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Summary Requirements of Contract
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H418/04 – The nature of law and the law of contrac
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This document simplifies and summaries the requirements of contract into easy understandable notes. It has the invitation to treat, followed by offer then the acceptance of the offer. The intention to create legal relations and the consideration. This document includes cases alongside the points.
H418/04 – The nature of law and the law of contrac
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essential requirements of contract
Invitation To Treat
• it is an invitation for a party to make an offer
• goods on display in a shop
• the customer does not make the offer until they take the goods to the till
• Pharamaceutical Society v Boots
• goods on a display window
• fisher v bell
• advertisements and price lists
• partridge v crittenden
• lots at an auction
• british car auctions v wright
Offer
• offer is a statement that contains the essential terms expressed in reasonably
certain terms
o the goods, the price, the delivery date
• the offer must be communicated
• taylor v laird
• offer can be made to the whole world
• carbolic smoke ball case
• terms of the contract must be certain
• guthing v lynn
• offer can be withdrawn any time before acceptance
• routeldge case
• the withdrawal must be communicated
• byrne v leon case
• offer can be terminated by:
• being accepted and a contract is formed
• offer withdrawn
• a specified time can lapse
• a ‘reasonable time’ can lapse
• ramsgate hotel case
• counter offer made
• hyde v wrench
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