This document covers the first five chapters of The Law of Contract (10th Edition) alongside significant case summaries, facts, and precedent. This document provides important information to understand the creation of a contract in different circumstances.
Topics (including all relevant case la...
Winter Term
Contract - Prominent Cases & Lectures 1-4 overview
⁃ Contract is a legally enforceable agreement giving rise to obligations for parties
involved, contracts aren’t exactly the law, but what defines the legal relationship
between parties.
⁃ Purposes: mechanize market exchange, security in the sense of forward planning,
risk allocation, employment, and finally bringing together common interests
⁃ Contract mainly concerns positive rights, encourages beneficial behavior,
voluntarily assumed or parties set their own rules
Implied terms: are obligations that are subject to trust
Express terms: explicitly outlined terms, an example being mode of acceptance
2 types of contract
⁃ Standard form: drafted by one part and used for all contracts
⁃ Negotiated: two parties involved in forming contractual elements
Unilateral:
⁃ Contract fulfilled once someone fulfills promise
Bilateral:
⁃ Enforces obligations and grants rights to both parties
Elements:
⁃ Agreement which constitutes both offer and acceptance
⁃ Consideration
⁃ Intention to create legal intentions
⁃ In some cases formalities or written contract - Land law
1
, Wednesday, 9 November 2022
A. Agreement
O er
⁃ Objective intention focuses how a party’s intention is perceived by the other
party, which aims to protect party b, bring clarity to the terms and see if party b’s
perception of party a’s intent.
⁃ Offer has to be clear, definite and explicit and has to lay down what offeree has
to do in return
⁃ However, an invitation can be made which invites the party to make or accept a
potential offer - invitation to treat, an example being the display of goods
(Pharma Soc of Great Britain v Boots Cash Chemistry)
⁃ Adverts - unilateral offer because; further negotiation, promise from offeree
Termination - always from a trust worthy source
⁃ General rule is before conformation of offer
⁃ Time out
⁃ Death
⁃ Rejection by offeree
Acceptance
⁃ Always in response to offer, if the offer is tried to be changed it is an unqualified
agreement. Similarly, the instance in which cross offers may arise can be avoided
if terms are clearly accepted by the other party, a cross offer is when two parties
have made similar offers but are unaware of each others offers.
⁃ In order for an offer to be accepted the offeree needs to be aware of the offer -
this is applicable in instances of rewards and thus the acceptance must be
motivated by the offer
Communication
Offerers can protect themselves through explicitly stating the following:
⁃ Acceptance to be brought to attention (ie. Direct communication)
⁃ Mode of communication
⁃ Choosing fast and easy modes of communication to ensure clarity
⁃ No acceptance in unilateral agreements - until activity commences, this is a
problem because when and what action constitutes an acceptance (no clear
doctrine)
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