Summary Class notes LAW 9084 Cambridge International AS and A Level Law Second Edition
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Course
LAW 9084
Institution
Denning University
Tort law notes for Alevel CIE law exams. The notes cover various torts like nuisance, trespass, negligence and so much more. Moreover they also cover the defences for these offences. These notes are complete with case laws and answers for all the types of questions you may encounter in the exam. Ca...
-Objective Approach-(intention)
All contracts are dealt with objectively as seen in the cases of
1.RTS Flexible Systems 2010
2.Centrovincial Estates
● Error in the offer
● The defendant won the case as the offer had been accepted so a contract had been
formed
-Distinguish between the ‘offer’ and ‘invitation to treat’-
3.Gibson v MCC
● tennant wanted to buy the house he was living in,
● Filled in the application form
● MCC said they ‘may be’ prepared to sell…
● ‘The words ‘mabey’ were fatal to the communication being construe as an offer’
4. Storer v MCC
● Similar facs as above
● ‘I enclose the… if you sign the agreement then we will sign it’
● ‘It was held that the contract was binding because the material words of the contract had
been decided. The council's communication was construed as an offer.’
-Displays-
5.Fisher v Bell
All displays in a shop window are invitation to treat and not offer
6.Pharmaceutical Society of GB v Boots
● Pharmacy and Poisons Act 1993-
● Cannot sell drugs without a registered pharmacist case
7.Chapleton v Bary- (anomaly)
● Display of deck chairs was an offer
● Customer sat on it and got injured
● Company was liable
-Advertisements-
Those that will eventually lead to a bilateral contracts are an ‘invitation to treat’
Will however be an offer if first come first serve mentioned anywhere
8.Partidge v Crittender-
● Appelenat advertised hens and cocks for sale for a certain price
● Charged under Protection of Birds Act 1954
● That add was an invitation to treat and thus appellant was not liable.
, 9.Carlill v Carbolic Smoke Balls co.
● 100 pounds to anyone who gets the flu after taking the balls
● Put 1000 pounds in a separate bank account for this purpose
● She got the flue
10.Lefkowite v Great Minneapolis-
● Defendant put up an advertisement of selling fur coats on first come first serve
basis(offer)
● A man came to purchase then stated the offer was only for women
● This however is an American case and can only be used as PERSUASIVE
PRECEDENT
● Creates complexcity in law
-Auctions-
11.Harris v Nickerson-
● Adds for auctions are invitation to treat and not an offer,
● Claimant traveled all the way for the auction which ended up getting cancelled without
pre informing anyone
● Defendant was not liable
12.Bary v Davies-
● Auction without reserved price
● The auctioneer HAS to accept any highest offer
● In this case it was way lower than the market price and he refused to band the hammer
was successfully sued in court
13.British Car Auctions v Wright-
● Offer not valid until hammer has been dropped.
-Tendor-
14.Spencer v Harding
● Advert for tender is an invitation to treat
15.Harwela investments v Royal Trust co.
● Referential bids are invalid
● Claimant quoted 217500 pounds
● Defendant quoted 210000, or 101000 more than the highest bid
● 2 legal principles- 1. Referential bids are invalid
2. If the advert specifies that the highest bid will be accepted, then the
advert is a unilateral offer.
16.Blackpool v Flyde AeroClub-
● Opening flights
● Gave a deadline
● Accepted someone while the deadline was not over
● Did not consider claimant
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