Lecture notes
Contract Law lecture notes (ENTIRE MODULE)
- Institution
- City University (City)
Lecture notes of 1 pages for the course at City (,)
[Show more]
Seller
Follow
Content preview
L2 ~ Objecting theory of contract formationTuesday, October 12, 2021 12:06
-Objective theory of contract formation
-Formation of a contract= offer + acceptance = contract
-Smith v Hughes (1871)
-Formation will be linked to the consent manifest by a “reasonable
man”.
-This will be found in what is written in the contract (if it is written),
what is said by the parties (if it is oral), and not what the parties
were thinking or how they felt.
-This is linked to the availability and credibility of evidence.
-Blackburn J ~ If, whatever a man’s real intention may be, he so
conducts himself that a reasonable man would believe that he was
assenting to the terms proposed by the other party, and that other
party upon that belief enters into the contract with him, the man thus
conducting himself would be equally bound as if he had intended to agree
to the other party’s terms.
-Hartog v Colin Shields 1939
-What if person accepting an offer knows offeror not intending to
make offer…??
-Defendant offered to sell 30,000 Argentinian hare skins to the
claimants at price per pound but previous negotiations price per
piece (3 pieces to the pound/more usual)
-Held for seller- buyer could not snap up skins at absurdly low price
“The plaintiff could not reasonably have believed that the offer
contained offeror’s real intention”
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card for the summaries. There is no membership needed.
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 leezam. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £30.69. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now