Contract presentation

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Contract presentation

  1. 1. Contract Law by Charlotte Richardson
  2. 2. A contract can be defined as anagreement between two parties that is enforceable by law
  3. 3. Agreement (Offer + Acceptance) Intention to beConsideration legally Bound
  4. 4. Offer + Acceptance = Agreement
  5. 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the offer) to the offeree (which is the person receiving the offer) Taylor v Laird [1856] 25 LJ EX 329 An offer can be withdrawn before acceptance Routledge v Grant [1828] 4 Bing 653 An offer can be made to the whole worldCarlill v Carbolic Smoke Ball co [1893] 1 QB 256The terms of the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. 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. 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. 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. 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. 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. 11. Two presumptions Social and Domestic Arrangements Commercial Arrangements
  12. 12.  Usually not legally bindingBalfour v Balfour [1919] 2 KB 571Unless the couple are estrangedMerritt V Merritt [1970] 1 WLR 1211
  13. 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. 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. 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. 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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