100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
SQE 1 Cheatsheet Contract law CA$9.95   Add to cart

Other

SQE 1 Cheatsheet Contract law

3 reviews
 45 views  0 purchase
  • Course
  • Institution

SQE 1 Cheatsheet Contract law

Preview 1 out of 7  pages

  • June 22, 2023
  • 7
  • 2022/2023
  • Other
  • Unknown

3  reviews

review-writer-avatar

By: kevonwillis180 • 7 months ago

reply-writer-avatar

By: studentrechten1200 • 7 months ago

Hi @kevonwillis180 if you are having formatting issues (cutting off sentences, please do let me know. I can email you correct formatting as stuvia changes my layout causing some users issues

review-writer-avatar

By: benveversaberdeen • 1 year ago

review-writer-avatar

By: gclarkielaw • 1 year ago

avatar-seller
CONTRACT LAW: Sara Ahmed

OFFER (1) + INTENTION TO CREATE LEGAL RELATIONS (3) +

Offer = an expression of willingness to contract on certain terms, made  Commercial agreements = presumption of intention to create legal
with the intention that it shall become binding as soon as it is accepted relations (not easy to rebut, but i.e. ‘subject to funding/contract’.
by the person to whom it is addressed.  In domestic/social agreements = presumption of no intention
Both can be rebutted, i.e. if family dealings are in commercial setting.
Invitation to treat = Invitation to make an offer Reasonable men test = objective test.
- Goods on display = invitation to treat
- Goods or services advertised = invitation to treat + CONSIDERATION (4) = CONTRACT
- Auctioneer inviting bids = invitation to treat
Giving something of value in return, must give something in consideration.
Adverts of Reward = OFFER A promise to give f.e. money = also good consideration.
Auctioneer saying will sell to highest bid = offer
No consideration = Nudum pactum = naked promise = not enforceable
But if you give a penny/pound = enforceable. I’ll give you my car for free =
ACCEPTANCE (2) + nudum pactum!

Needs to be unqualified (unequivocal) = must exactly match the offer  Must not be past must be given in return for the promise (not extra
promise after sale. For new promise, you need new consideration)
Counteroffer = original offer goes void/null. Cannot be accepted anymore  EXCEPTION: fulfill three criteria
o Act must have been done at Promisors request
o Parties must have understood that act was to be rewarded
Mere request for information = Offer still stands and is open for
o Payment must have been legally enforceable had it been made in
acceptance
advance
 Must be sufficient, but need not be adequate Law does not care about
General rule = acceptance must be communicated to the offeror how much you sell for, but has to be something of value (penny can do)
 Performance of an existing duty = in general not good consideration
 Silence? In bilateral contract = no. In unilateral offer = yes (Carlill)  EXCEPTION:
 Third party? Yes, but must be dully authorized o if promise is given in return for work that goes beyond the original
 Post? Yes = postal rule. obligation = extra work = good consideration
o Does not apply to revoking offers, only to accepting offers! o If performance creates practical benefit = also good consideration
o Applies even if letter is lost in post
o Only applies if it was contemplated that post would be used Performance of duty required by statute = not good consideration
o Emails are not subject to postal rule, email when received  Unless going above and beyond!

Existing duty to a third party can amount to valid consideration

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller studentrechten1200. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$9.95. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

75632 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
CA$9.95
  • (3)
  Add to cart