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Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
Contract presentation
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Contract presentation

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  1. Contract Law by Charlotte Richardson
  2. A contract can be defined as anagreement between two parties that is enforceable by law
  3. Agreement (Offer + Acceptance) Intention to beConsideration legally Bound
  4. Offer + Acceptance = Agreement
  5. To have an agreement, you must first have a valid offer.An offer can be made in writing, verbally or by conductThe rules of an offer are as follows The offer must be communicated by the offeror (which is the person making the offer) to the offeree (which is the person receiving the offer) Taylor v Laird [1856] 25 LJ EX 329 An offer can be withdrawn before acceptance Routledge v Grant [1828] 4 Bing 653 An offer can be made to the whole worldCarlill v Carbolic Smoke Ball co [1893] 1 QB 256The terms of the offer must be certain Guthing v Lynn [1831] 2 B & AD 232
  6.  Goods displayed in a shop windowFisher v Bell [1961] 1 QB 394 Advertisements in Newspapers or a magazine are also invitations to treat, there is no contract in place until one party makes the offer to buy, which then needs to be accepted.Partridge V Crittenden [1968] 1 WLR 1204 Goods displayed on a shelfPharmaceutical Society of GB V Boots Cash Chemist Ltd [1953] 1 ALL ER 482 Mere statement of price
  7.  Advertisements which state a promise such of that in:Carlill V Carbolic Smoke Ball LTD [1893] 1 QB 256This is not an invitation to treat because of the promise stated on the poster. The promise forms the offer.
  8.  An offer can be accepted verbally, in writing or by conduct Acceptance must be the mirror image of the offer.Hyde V Wrench[1840] 49 ER 132 Acceptance must be communicatedPowell V Lee [1908] 99 LT 284 Silence is not considered acceptanceFelthouse V Bindley [1863] 142 ER 1037
  9. Acceptance has taken place one the letter has been postedAdams V Lindsall [1818] 106 ER 250 Even if the letter is lost or destroyed Household Fire Insurance Co V Grant [1879]
  10. Consideration is defined as the price of which the promise of the other is bought Consideration doesnt have to be adequateThomas V Thomas[1842] 2 QB 851But it must be real and have actual valueChappell & Co Ltd V Nestle & Co Ltd [1960] AC 87 Consideration may be executionary but not pastRoscorla v Thomas [1842]
  11. Two presumptions Social and Domestic Arrangements Commercial Arrangements
  12.  Usually not legally bindingBalfour v Balfour [1919] 2 KB 571Unless the couple are estrangedMerritt V Merritt [1970] 1 WLR 1211
  13.  Usually legally bindingEdward V Skyways Ltd [1969] 1 WR 349UnlessThe intention not to be legally bound is made in agreementJones V Vernon Pools Ltd [1938] 2 ALL ER 626
  14.  Bob, who is a butcher has put a poster up in his shop window We need to work out if this is an offer? Or an invitation to treat? Is there a contract –Is there a offer and acceptance? Is there consideration and is there intention to create legal relations.
  15.  If the poster had stated a unilateral promise as that inCarlill V Carbolic Smoke Ball LTD [1893] 1 QB 256 Bobs poster would be a valid offer, which the customer could accept BUT the acceptance doesn’t mirror the offer Therefore, there is no contract in place – so the customer can’t sue Bob for breach of contract
  16.  If this was a Social or domestic agreement it is presumed not to be legally bound – there for No contractLens v Devonshire Club (1914) But commercial arrangements are presumed to be legally binding, so Bob would be liable for breach of contract. Peter would be able to claim reliance loss for the work Bob did not complete Anglia Television Ltd v Reed [1972] 1 QB 60

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