Includes Summary Sheets (with case law) on:
- Offer
- Acceptance
- Intention to create legal relations
- Consideration
- Privity of contract
- Misrepresentation
- Conditions, warranties and innominate terms
- Express and implied terms
- Consumer rights
- The postal rule
- Economic duress...
Exception:
Key terms:
Definition:- An offer is a statement of
definitive terms upon which the offeror is - Enquires may not be a
Privy – party to contract,
willing to contract counter offer so not
ITT – Invitation To Treat rejecting original offer
Offeror – person making offer
Offer (offeror and offeree) (Stevenson v McLean
[inquired about iron and
Offeree – person receiving offer Communication Termination had additional terms with
Unilateral Contract – Only one party acceptance. Was sold to
makes a promise another])
Bilateral Contract – Both parties make
a promise / give consideration Offeree cannot accept an 1. Counter-Offer = Includes changes of terms
offer that has not been (ends original offer and becomes one in itself
Prima Facie – On initial appearance communicated to them aka supersedes [Hyde v Wrench – accepted
‘something’ seems to be true (Taylor v Laird [wages for prev offer for farm]). Offeror and offeree
captainship crew]) switch.
ITT:
Aka. Invitation to make an offer. 2. Death (offeror or offeree)
Exceptions: 3. Lapse of time = Reasonable time (Ramsgate
- Reward to be payed (cannot rely Victoria Hotel v Montefiore [shares – 6
on being invitation to treat = months])
e.g:
unilateral offer [Carlill v Carbolic 4. Revocation = Offer cancelled (at any time)
- Goods on display in shops (picking up is Smoke Ball Co. – flu £1000 in before acceptance [Dickinson v Dodds – CAN
not acceptance but an offer to buy – bank]), BE BY A RELIABLE 3RD PARTY])
Pharmaceutical Society of GB v Boots
Cash Chemists Ltd), - Traditional Coin Operated
Machinery = Offer itself.
- Shop window or internet (same as Acceptance is when coins inserted
above – Fisher v Bell [illegal knife was (Thornton v Shoe Lane Parking) =
ITT]), ticket after acceptance so not
- Goods or services advertised (Partridge enforced traditionally
v Crittenden [illegal hens were ITT])
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