Summary
Summary Contract formation
- Course
- Institution
Contract formation mind map, this helped me achieve a high 2:1.
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Offer and Considerationacceptance
E.g. I will pay you £50
to walk to York Intention to create
legal relations
Exceptions -
Can be
E.g. I will pay you guarantees/ Look for...
written or
£50 when you Unilateral = pay to contracts
oral
deliver the car to do a certain act relating to land
me Bilateral =
exchange of
promises Facts: Dispute over
Courts decide if what type of oats
Generally no formal an agreement were subject to the
Contracts can be has been made
requirements contract
bilateral or unilateral
Smith v Hughes
Facts: Similar to
Held: objective Test: whether party who
Gibson but filled out a
approach to denies contract acted so tha
form and sent it off
Storer v formation the 'reasonable man would
called 'agreement for
Manchester City believe he was assenting to
sale'
Council The conduct of the the terms proposed by the
parties during other party'
Introduction to how negotiation is
interpreted objectively
Held: Contract, a contract is formed
E.g. raising hand
document from D was
at an auction
sufficiently certain to
means you want
amount to an offer
to make a bid
Problem of Even if hand
objectivity...? raised for
Gibson v different reason
Manchester City
Facts: D was council selling Council The objective
houses, PL sent letter
observer may
indicating price, D set letter
Statements prior to interpret completely
saying they were willing to sell,
bargaining need to differently to both of
council changed to Labour and
be classified the parties...e.g...
no longer wanted to sell
Pl thinks Objective 'from
agreed to terms above' thinks
Held: no contract, the
A terms E
language in D's letter was
Some statements
not enough to amount to an
will constitute Some will only
offer - only an ITT
offers capable of be invitations Objective thinks
acceptance to treat D thinks agreed
terms C
to terms B
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