This document provides an overview of contract formation. It discusses the key elements required to form a valid contract, including offer and acceptance. It explains that an offer must be communicated and distinguishable from invitations to treat. For a contract to be formed, there must be agreement between the parties which requires a valid offer and acceptance. The document also discusses circumstances in which an intention to create legal relations is implied between parties, such as in commercial contexts, as well as exceptions for non-commercial agreements among friends, family or volunteers.
This document discusses key elements of contract formation under Malaysian law, including offer, acceptance, consideration, intention to create a legal relationship, legal capacity, and free consent. It also discusses circumstances that can invalidate a contract such as misrepresentation, undue influence, and mistake. The document analyzes a hypothetical case regarding a minor entering into a contract and concludes the contract would be void due to lack of legal capacity. Relevant cases are also discussed.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
Contract assignment may seem to be complicated this is because there is a lot case law regarding to the contract law.Standard contract terms also have an important role to play in international commerce.Contractual relationship has to be performed as duty of legal obligations and legal rights must be arise. Formality of contract performed validity and enforceability of a contract. Throughout the assignment, I realised the intention to create legal relations is the supportive rule of law the formation of a contract for example offer,acceptance and consideration. There is a need of intention to create legal relations therefore legal duty arise within the party that intended to enter a contractual relationship.
An offer is made when one party indicates a willingness to be bound if the other party accepts. An offer is different from an invitation to treat, which merely invites further negotiations. Displays of goods and advertisements are usually invitations to treat rather than offers, allowing either party to back out. However, an advertisement can be an offer if the wording and context show a clear intent to be bound if accepted. An offer can generally be withdrawn at any time before acceptance.
- Carlill v. Carbolic Smoke Ball Company established that advertisements can constitute contractual offers if they invite acceptance by performance of an act. The company's advertisement offering a reward if its product did not cure influenza was held to be an enforceable unilateral contract that the plaintiff accepted by using the product as directed.
- Harris v Nickerson established that auction sales are generally considered invitations to treat rather than offers. Displaying goods with prices at an auction does not complete a contract until the auctioneer accepts a bid by dropping the hammer.
- Fisher v Bell held that displaying a restricted weapon with a price tag in a shop window was an invitation to treat rather than an offer for sale, so the defendant was not guilty of
The document summarizes a law student's case project on the landmark 1892 contract law case Carlill v Carbolic Smoke Ball Company. It discusses how the case established that advertisements promising rewards for certain actions can constitute binding unilateral contracts. The summary discusses how Mrs. Carlill contracted influenza after using the Carbolic Smoke Ball as instructed, despite the company's advertisement promising £100 to anyone who did. The Court of Appeal unanimously ruled that the advertisement formed a valid contract between Mrs. Carlill and the company and ordered the £100 to be paid.
Case Study: Adam vs Lindell (Malaysian Business Law)Afifah Nabilah
The document summarizes the case of Adams v Lindsell, which involved an offer by Lindsell to sell wool to Adams. Due to a misdirected letter, Adams' acceptance arrived two days late. The court held that a contract was formed when Adams posted his acceptance, making Lindsell liable for breaching the contract by selling the wool to someone else. The Islamic perspective is that acceptance is effective when received by the offeror. In this case, acceptance would not have been effective since Adams received it after the time for acceptance had passed.
This document discusses the nature and scope of private international law (also known as conflict of laws). It notes that courts sometimes must handle cases with foreign elements, such as parties from different countries or contracts signed in another jurisdiction. In these situations, courts must determine if they have jurisdiction, whether to apply foreign or domestic law, and if/when to recognize foreign judgments. There are no uniform rules on these issues internationally. The document outlines some of the key questions that private international law addresses and notes that uniformity of laws across borders would reduce conflicts but is difficult to achieve in practice.
This document discusses key elements of contract formation under Malaysian law, including offer, acceptance, consideration, intention to create a legal relationship, legal capacity, and free consent. It also discusses circumstances that can invalidate a contract such as misrepresentation, undue influence, and mistake. The document analyzes a hypothetical case regarding a minor entering into a contract and concludes the contract would be void due to lack of legal capacity. Relevant cases are also discussed.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
Contract assignment may seem to be complicated this is because there is a lot case law regarding to the contract law.Standard contract terms also have an important role to play in international commerce.Contractual relationship has to be performed as duty of legal obligations and legal rights must be arise. Formality of contract performed validity and enforceability of a contract. Throughout the assignment, I realised the intention to create legal relations is the supportive rule of law the formation of a contract for example offer,acceptance and consideration. There is a need of intention to create legal relations therefore legal duty arise within the party that intended to enter a contractual relationship.
An offer is made when one party indicates a willingness to be bound if the other party accepts. An offer is different from an invitation to treat, which merely invites further negotiations. Displays of goods and advertisements are usually invitations to treat rather than offers, allowing either party to back out. However, an advertisement can be an offer if the wording and context show a clear intent to be bound if accepted. An offer can generally be withdrawn at any time before acceptance.
- Carlill v. Carbolic Smoke Ball Company established that advertisements can constitute contractual offers if they invite acceptance by performance of an act. The company's advertisement offering a reward if its product did not cure influenza was held to be an enforceable unilateral contract that the plaintiff accepted by using the product as directed.
- Harris v Nickerson established that auction sales are generally considered invitations to treat rather than offers. Displaying goods with prices at an auction does not complete a contract until the auctioneer accepts a bid by dropping the hammer.
- Fisher v Bell held that displaying a restricted weapon with a price tag in a shop window was an invitation to treat rather than an offer for sale, so the defendant was not guilty of
The document summarizes a law student's case project on the landmark 1892 contract law case Carlill v Carbolic Smoke Ball Company. It discusses how the case established that advertisements promising rewards for certain actions can constitute binding unilateral contracts. The summary discusses how Mrs. Carlill contracted influenza after using the Carbolic Smoke Ball as instructed, despite the company's advertisement promising £100 to anyone who did. The Court of Appeal unanimously ruled that the advertisement formed a valid contract between Mrs. Carlill and the company and ordered the £100 to be paid.
Case Study: Adam vs Lindell (Malaysian Business Law)Afifah Nabilah
The document summarizes the case of Adams v Lindsell, which involved an offer by Lindsell to sell wool to Adams. Due to a misdirected letter, Adams' acceptance arrived two days late. The court held that a contract was formed when Adams posted his acceptance, making Lindsell liable for breaching the contract by selling the wool to someone else. The Islamic perspective is that acceptance is effective when received by the offeror. In this case, acceptance would not have been effective since Adams received it after the time for acceptance had passed.
This document discusses the nature and scope of private international law (also known as conflict of laws). It notes that courts sometimes must handle cases with foreign elements, such as parties from different countries or contracts signed in another jurisdiction. In these situations, courts must determine if they have jurisdiction, whether to apply foreign or domestic law, and if/when to recognize foreign judgments. There are no uniform rules on these issues internationally. The document outlines some of the key questions that private international law addresses and notes that uniformity of laws across borders would reduce conflicts but is difficult to achieve in practice.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Civil Family Law - Promise to Marry (Betrothal)Azrin Hafiz
This document discusses the law around betrothal or a promise to marry in Malaysia. It defines betrothal as an agreement to marry between two parties. For a betrothal contract to be valid, there must be an offer and acceptance, consideration in the form of consent to marry, and the parties must have the capacity to marry. The document outlines the requirements for capacity including that the parties must be single, of age, not within a prohibited degree of relationship, and of religions that do not prevent marriage. It discusses exceptions and cases related to these requirements. The document also examines what constitutes a breach of contract if the betrothal is valid and potential defenses a defendant could raise. Finally, it lists the available remedies if
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
1) Mrs. Carlill saw an advertisement from Carbolic Smoke Ball Company offering £100 to anyone who got sick with influenza after using its product as directed.
2) Mrs. Carlill purchased and used the product until she contracted influenza, then claimed the £100 as offered. The company refused to pay.
3) The Court of Appeal ruled that the advertisement constituted a binding unilateral contract, with Mrs. Carlill's purchase and use of the product representing acceptance of the offer and consideration for the promise of £100. This established that advertisements can represent offers capable of being accepted.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Plea bargaining was introduced in India in 2005 to reduce delays in the criminal justice system. It allows the accused to plead guilty in exchange for concessions from the prosecutor, such as dropping or reducing charges. It aims to expedite case disposal and reduce court burdens. However, there are concerns it could encourage corruption, undermine the requirement of proof beyond reasonable doubt, and show undue leniency towards offenders. Overall, plea bargaining is still a new concept in India and its effectiveness in reducing backlogs and potential issues still need to be fully evaluated.
Preston corporation sdn bhd case law of contractkapan5783
The case involves a dispute between Preston Corporation and a printing firm, Edward Leong & ORS, over unpaid printing charges. Preston claimed it withheld $500 that was overcharged and refused to pay extra charges for film positives, disputing the printers' claimed ownership. The printers sued for the unpaid amounts. The key issue was whether quotations from the printers constituted binding offers forming a contract, or were merely invitations to treat. The Federal Court ultimately found the quotations were invitations to treat, so any terms regarding film ownership in them did not form part of the actual contract between the parties. It ruled in favor of Preston Corporation.
Betrothal requires an offer and acceptance to marry, along with consideration. The parties must have capacity, meaning they are single and of age of majority. Breach of promise occurs if either party refuses to fulfill the promise to marry. The aggrieved party can claim damages against the breaching party. Defenses against claims include misrepresentation, incapacity of the plaintiff, and unchaste conduct of the plaintiff. Damages awarded may include general damages for hurt feelings and dignity, as well as special damages for calculable financial losses. While breach of promise claims were abolished in England in 1970, Malaysian courts have held they are still valid claims under Malaysian law.
This document discusses various limitations on freedom of contract under Indian law, specifically sections 26, 27, 28, and 29 of the Indian Contract Act of 1872. It provides examples and case law interpretations for each section. Section 26 voids agreements that restrain marriage. Section 27 voids agreements in restraint of trade. Section 28 voids agreements that restrict legal proceedings. Section 29 voids agreements that are uncertain or ambiguous in their terms. Exceptions and explanations are also provided.
5 a law and ethics discharge of contract, remedies and injunctionsmsstephanielord
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Jebat wants to sue Tuah under the rule of strict liability in Rylands v Fletcher for damages caused by an oil spill from Tuah's land. Tuah stores oil in a tank on his land to heat his orchid greenhouse. The oil leaked from the tank due to corrosion and contaminated Jebat's farm, destroying his vegetables. It also spilled on the road, causing Jebat's car to skid and injure him. All elements for strict liability are satisfied: Tuah intentionally stored the oil for his own purpose; oil is dangerous if it escapes; it did escape from Tuah's control onto Jebat's land and road; storing large amounts of heating oil is a non-natural use of the land
This document discusses the development of the duty of care test in negligence law. It begins by introducing the "neighbour principle" established in Donoghue v Stevenson, which holds that one owes a duty of care to those who could foreseeably be injured by one's actions. It then explains that this test was expanded by the two-pronged "Anns test" developed in Anns v London Borough of Merton. The Anns test first considers proximity, then allows consideration of policy reasons for limiting the duty of care. The document analyzes how these cases helped define who qualifies as a "neighbor" owed a duty of care in negligence cases.
This document discusses electronic contracts (e-contracts) under Indian law. It defines essential elements of valid contracts including offer, acceptance, consideration, and intention to create legal relations. Key provisions of the Information Technology Act relating to attribution of electronic records and time/place of communication are summarized. Different types of e-contracts like shrink wrap and click wrap agreements are described. Sample clauses from real e-contracts for email services, domain purchase, online share trading, and online shopping are provided to illustrate common purposes and sub-parts of e-contracts. Finally, the document outlines the legal framework for secure e-contracts covering different business and legal phases of the contracting process.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
this is a presentation on electronic contracts. this will be helpful in the study of various types of contract in the law. this topic is also there in the BBA course. in legal environment - 2
The document discusses the "golden rule" of interpretation, which allows courts to deviate from the literal or plain meaning of words in a statute if such an interpretation would lead to absurd or unreasonable results that go against the intention of the statute. It provides several examples of cases where courts applied the golden rule to prevent absurd outcomes, such as allowing a murderer to benefit from their crime or exempting someone from liability for obstructing security forces simply because they were physically on a prohibited site rather than near it. The golden rule seeks to avoid literal interpretations that are inconsistent or lead to consequences the legislature could not have intended.
This document outlines various torts and categories of torts. It lists intentional torts such as assault, battery, false imprisonment, and privacy violations. It also lists torts of strict liability such as Rylands v. Fletcher. Additionally, it outlines negligence torts and economic torts such as deceptive practices, passing off, injurious falsehoods, and interference with contracts or prospective economic advantage. The document categorizes torts by the type of harm caused, whether to a person, chattels, or real property, and the required state of mind such as intent, negligence, or strict liability.
Trespass to land involves direct interference with possession of land without lawful justification. Throwing stones onto a neighbor's property is an example. Trespass to goods involves unreasonable interference with goods in someone's possession. Remedies for trespass include re-entry, suits for damages, and actions for mense profits. Detinue involves wrongfully detaining someone's goods after demand for return. Conversion involves dealing with goods in a way that is inconsistent with the owner's rights, such as mixing another's wine with water.
This document provides an overview and summary of key concepts in contract law, including:
- The definition of a contract as an agreement with offer, acceptance, consideration and intention to create legal relations.
- Distinguishing offers from invitations to treat, and the rules around offers, acceptance, and the postal rule on acceptance.
- The types of contracts as bilateral or unilateral, and the importance of consideration in making a contract enforceable.
- The doctrine of privity of contract and its effect on third parties' ability to sue, with the exception of the Contracts (Rights of Third Parties) Act 1999.
- The requirements for consideration, including that it need not be adequate
The document provides an overview of key concepts in Indian contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is legally enforceable. It outlines the essential elements for a valid contract such as offer, acceptance, consideration, capacity of parties, lawful object and intention to create a legal relationship. It also discusses classification of contracts based on validity, nature and execution. Key terms like offer, acceptance, consideration and their essentials are defined. Exceptions to the general rule of consideration and the concept of a stranger to contract are also summarized.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Civil Family Law - Promise to Marry (Betrothal)Azrin Hafiz
This document discusses the law around betrothal or a promise to marry in Malaysia. It defines betrothal as an agreement to marry between two parties. For a betrothal contract to be valid, there must be an offer and acceptance, consideration in the form of consent to marry, and the parties must have the capacity to marry. The document outlines the requirements for capacity including that the parties must be single, of age, not within a prohibited degree of relationship, and of religions that do not prevent marriage. It discusses exceptions and cases related to these requirements. The document also examines what constitutes a breach of contract if the betrothal is valid and potential defenses a defendant could raise. Finally, it lists the available remedies if
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
1) Mrs. Carlill saw an advertisement from Carbolic Smoke Ball Company offering £100 to anyone who got sick with influenza after using its product as directed.
2) Mrs. Carlill purchased and used the product until she contracted influenza, then claimed the £100 as offered. The company refused to pay.
3) The Court of Appeal ruled that the advertisement constituted a binding unilateral contract, with Mrs. Carlill's purchase and use of the product representing acceptance of the offer and consideration for the promise of £100. This established that advertisements can represent offers capable of being accepted.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Plea bargaining was introduced in India in 2005 to reduce delays in the criminal justice system. It allows the accused to plead guilty in exchange for concessions from the prosecutor, such as dropping or reducing charges. It aims to expedite case disposal and reduce court burdens. However, there are concerns it could encourage corruption, undermine the requirement of proof beyond reasonable doubt, and show undue leniency towards offenders. Overall, plea bargaining is still a new concept in India and its effectiveness in reducing backlogs and potential issues still need to be fully evaluated.
Preston corporation sdn bhd case law of contractkapan5783
The case involves a dispute between Preston Corporation and a printing firm, Edward Leong & ORS, over unpaid printing charges. Preston claimed it withheld $500 that was overcharged and refused to pay extra charges for film positives, disputing the printers' claimed ownership. The printers sued for the unpaid amounts. The key issue was whether quotations from the printers constituted binding offers forming a contract, or were merely invitations to treat. The Federal Court ultimately found the quotations were invitations to treat, so any terms regarding film ownership in them did not form part of the actual contract between the parties. It ruled in favor of Preston Corporation.
Betrothal requires an offer and acceptance to marry, along with consideration. The parties must have capacity, meaning they are single and of age of majority. Breach of promise occurs if either party refuses to fulfill the promise to marry. The aggrieved party can claim damages against the breaching party. Defenses against claims include misrepresentation, incapacity of the plaintiff, and unchaste conduct of the plaintiff. Damages awarded may include general damages for hurt feelings and dignity, as well as special damages for calculable financial losses. While breach of promise claims were abolished in England in 1970, Malaysian courts have held they are still valid claims under Malaysian law.
This document discusses various limitations on freedom of contract under Indian law, specifically sections 26, 27, 28, and 29 of the Indian Contract Act of 1872. It provides examples and case law interpretations for each section. Section 26 voids agreements that restrain marriage. Section 27 voids agreements in restraint of trade. Section 28 voids agreements that restrict legal proceedings. Section 29 voids agreements that are uncertain or ambiguous in their terms. Exceptions and explanations are also provided.
5 a law and ethics discharge of contract, remedies and injunctionsmsstephanielord
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Jebat wants to sue Tuah under the rule of strict liability in Rylands v Fletcher for damages caused by an oil spill from Tuah's land. Tuah stores oil in a tank on his land to heat his orchid greenhouse. The oil leaked from the tank due to corrosion and contaminated Jebat's farm, destroying his vegetables. It also spilled on the road, causing Jebat's car to skid and injure him. All elements for strict liability are satisfied: Tuah intentionally stored the oil for his own purpose; oil is dangerous if it escapes; it did escape from Tuah's control onto Jebat's land and road; storing large amounts of heating oil is a non-natural use of the land
This document discusses the development of the duty of care test in negligence law. It begins by introducing the "neighbour principle" established in Donoghue v Stevenson, which holds that one owes a duty of care to those who could foreseeably be injured by one's actions. It then explains that this test was expanded by the two-pronged "Anns test" developed in Anns v London Borough of Merton. The Anns test first considers proximity, then allows consideration of policy reasons for limiting the duty of care. The document analyzes how these cases helped define who qualifies as a "neighbor" owed a duty of care in negligence cases.
This document discusses electronic contracts (e-contracts) under Indian law. It defines essential elements of valid contracts including offer, acceptance, consideration, and intention to create legal relations. Key provisions of the Information Technology Act relating to attribution of electronic records and time/place of communication are summarized. Different types of e-contracts like shrink wrap and click wrap agreements are described. Sample clauses from real e-contracts for email services, domain purchase, online share trading, and online shopping are provided to illustrate common purposes and sub-parts of e-contracts. Finally, the document outlines the legal framework for secure e-contracts covering different business and legal phases of the contracting process.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
this is a presentation on electronic contracts. this will be helpful in the study of various types of contract in the law. this topic is also there in the BBA course. in legal environment - 2
The document discusses the "golden rule" of interpretation, which allows courts to deviate from the literal or plain meaning of words in a statute if such an interpretation would lead to absurd or unreasonable results that go against the intention of the statute. It provides several examples of cases where courts applied the golden rule to prevent absurd outcomes, such as allowing a murderer to benefit from their crime or exempting someone from liability for obstructing security forces simply because they were physically on a prohibited site rather than near it. The golden rule seeks to avoid literal interpretations that are inconsistent or lead to consequences the legislature could not have intended.
This document outlines various torts and categories of torts. It lists intentional torts such as assault, battery, false imprisonment, and privacy violations. It also lists torts of strict liability such as Rylands v. Fletcher. Additionally, it outlines negligence torts and economic torts such as deceptive practices, passing off, injurious falsehoods, and interference with contracts or prospective economic advantage. The document categorizes torts by the type of harm caused, whether to a person, chattels, or real property, and the required state of mind such as intent, negligence, or strict liability.
Trespass to land involves direct interference with possession of land without lawful justification. Throwing stones onto a neighbor's property is an example. Trespass to goods involves unreasonable interference with goods in someone's possession. Remedies for trespass include re-entry, suits for damages, and actions for mense profits. Detinue involves wrongfully detaining someone's goods after demand for return. Conversion involves dealing with goods in a way that is inconsistent with the owner's rights, such as mixing another's wine with water.
This document provides an overview and summary of key concepts in contract law, including:
- The definition of a contract as an agreement with offer, acceptance, consideration and intention to create legal relations.
- Distinguishing offers from invitations to treat, and the rules around offers, acceptance, and the postal rule on acceptance.
- The types of contracts as bilateral or unilateral, and the importance of consideration in making a contract enforceable.
- The doctrine of privity of contract and its effect on third parties' ability to sue, with the exception of the Contracts (Rights of Third Parties) Act 1999.
- The requirements for consideration, including that it need not be adequate
The document provides an overview of key concepts in Indian contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is legally enforceable. It outlines the essential elements for a valid contract such as offer, acceptance, consideration, capacity of parties, lawful object and intention to create a legal relationship. It also discusses classification of contracts based on validity, nature and execution. Key terms like offer, acceptance, consideration and their essentials are defined. Exceptions to the general rule of consideration and the concept of a stranger to contract are also summarized.
This document provides an overview of contract law, specifically focusing on the essential elements of a binding contract, including offer, acceptance, consideration, and intention to be legally bound. It defines an offer as a clear statement of terms that the offeror is willing to do business under, and discusses types of offers like bilateral and unilateral offers. It also examines what constitutes a valid acceptance, including requirements that it mirrors the offer, is firm, and is communicated to the offeror. The termination of offers through refusal, counteroffers, lapse of time, and revocation is also summarized.
This document provides an overview of key requirements for forming a valid contract, including offer and acceptance. It discusses the following key points in 3 sentences:
- For a contract to exist, there must typically be an offer and acceptance. Once acceptance takes effect, both parties are usually bound. A contract can be bilateral, with obligations on both sides, or unilateral, with an obligation on just one side.
- An offer must indicate the terms and make clear the offeror intends to be bound if accepted. It can be made to a specific person, group, or publicly. However, certain pre-contractual communications like advertisements are usually just invitations to treat rather than firm offers.
- For a valid acceptance
T1, 2021 business law lecture 2 - contracts 1markmagner
The document provides an overview of contract law, including definitions and classifications of contracts, as well as the essential elements required for a valid contract. It discusses the difference between a contract and a mere agreement, and explains that a contract requires an intention to create legal relations between the parties. It also outlines the rules regarding offer and acceptance, noting that a valid contract is formed when there is an offer, acceptance of that offer, and consideration. The document provides examples to illustrate key concepts like the difference between an offer and an invitation to treat.
T1, 2021 business law lecture 2 - contracts 1markmagner
This document provides an introduction to contract law. It defines a contract as an agreement between two or more parties that intends to create legal rights and obligations that can be enforced in court. Contracts can be classified as formal contracts, which do not require consideration, or simple contracts, which do require consideration from both parties. The essential elements for a valid contract are intention, agreement, consideration, capacity, consent, and legality. Intention refers to the parties intending to create legal relations. Agreement requires an offer from one party that is then accepted by the other party.
The document discusses the key aspects of offers under contract law:
(1) It defines an offer according to Malaysian law as when one party indicates willingness to be bound by a contract upon the other's acceptance.
(2) It examines the case Preston Corpn Sdn Bhd v Edward Leong which established that for there to be a valid offer, the terms must clearly express intent to be bound once accepted.
(3) It discusses the requirements for a valid offer including being clear, specific, lawful and the distinction between offers made to an individual or public. Advertisements are generally considered invitations to treat rather than offers unless exceptional circumstances indicate otherwise.
This document discusses the law of contract in Malaysia, specifically the elements of a valid contract including proposal, acceptance, and invitation to treat. It defines a proposal as an offer and explains that for a contract to be formed, there must be an absolute and unqualified acceptance of the offer within a reasonable time period, and the acceptance must be communicated to the offeror. However, some preliminary communications like advertisements, price lists, and auction bids are considered invitations to treat rather than definitive offers. The document outlines the key differences and concludes with examples like Carlill v Carbolic Smoke Ball Co. to illustrate the legal principles.
Agreement in Contract: Objective PrinciplePreeti Sikder
The document discusses the objective test for determining whether parties have reached agreement in contract law. It explains that under the objective test, what matters is how a party's words and conduct would be interpreted by a reasonable person, not their actual subjective intentions. This provides certainty in commercial transactions. However, there are exceptions where one party knows the other has made a mistake. The document also analyzes several key cases that further illustrate how the objective test and its exceptions are applied in practice.
Law and ethics 4 contractual capacity, consideration and contents msstephanielord
The document discusses contractual capacity and consideration. It states that for a contract to be valid, the parties must have capacity and there must be consideration. It outlines categories of people who may lack capacity, such as minors, persons of unsound mind, drunkards, and some companies. It also defines what constitutes consideration and notes it must be sufficient, not past, and not something a party is already obligated to do. The document concludes by discussing the various terms that can be included in a contract, including express terms, implied terms from custom, legislation, or courts.
The document provides an overview of contract law in India based on the Indian Contract Act of 1872. It defines key terms like proposal, promise, consideration, agreement and contract. It explains the essential elements for a valid contract, including offer and acceptance. It also discusses void agreements and contracts, giving examples of agreements that are considered void like those promoting illegal acts.
After completion of this lesson students will be able to:
a) define offer
b) distinguish between offer and invitation to treat
c) explain how a proposal is revoked
These slides include all the basics of Indian Contract Act,1872.
Meaning & elements of offer, acceptance, promise, consideration, agreement, contract, free consent, revocation, etc. are included.
This document discusses Indian contract law and defines key concepts related to contracts. It begins by introducing common law and equity influences on Indian contract law. It then defines concepts like proposal, promise, consideration, agreement and contract. It notes that an agreement is only a contract if it is enforceable by law. The document outlines essential elements for a valid contract including agreement, consideration, capacity and legality. It also defines and provides examples of offer, acceptance and void contracts.
Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit.
How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?
The document discusses the Indian Contract Act of 1872. It provides objectives of the act, which are to ensure rights and obligations from contracts are honored and legal remedies are available for aggrieved parties. Key aspects of contracts covered include essential elements like offer/acceptance, consideration, capacity of parties and free consent. Specific types of contracts that require writing are also outlined, such as those related to time barred debts, property transfers, and promissory notes. Overall, the document provides an overview of important concepts regarding valid contracts according to the Indian Contract Act of 1872.
The document discusses the key aspects of a valid contract according to the Indian Contract Act 1872. It defines a contract as an agreement that is enforceable by law. The essential elements of a valid contract are an agreement between two competent parties based on lawful consideration and with a lawful object. An agreement requires an offer and acceptance. The document outlines the essentials of a valid offer and acceptance, as well as exceptions to the requirement of consideration for an agreement to be considered a contract.
The document discusses the key legal concepts of proposals, offers, and acceptance in contract law. It provides definitions for proposals, noting they are synonymous with offers. It also defines offers as expressions of willingness to contract on certain terms with the intent to become binding upon acceptance. Acceptance is defined as agreement to all terms of an offer by words or conduct. The document outlines essential elements for valid acceptance and how offers can be terminated, using the Carlill v Carbolic Smoke Ball Company case as an example.
Contract Formation in the Digital Age - Idene SaamUBA-komitet
Сппільне засіданні Комітету з питань телекомунікацій, інформаційних технологій та Інтернету та Комітету з міжнародного права «Контракти за правом США, Великобританії та Канади: знайомство та типові для ІТ положення»
This document outlines the key elements of a Contract Law course, including lectures, seminars, assessments, course texts, and expectations. It discusses the sources of contract law, defines what a contract is, and covers the essential elements for a valid contract such as offer, acceptance, intention, and consideration. It also addresses formation of contracts and defenses such as mistake, misrepresentation and frustration. Examples of different types of contracts and cases are provided.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. Before we look at contacts
From last week …
How to answer legal questions:
3. How to answer a legal problem
1. Identify
the legal
issue
2. Identify
what the
plaintiff will
want to
establish and
what the
defendant
will want to
establish
3. Argue
each point
from both
positions
based upon
any
relevant
case or
statute
4. Reach a
conclusion:
who is
more likely
to win (and
what
remedies
can they
expect)?
4. The Law of Contract
Formation Part 1
Chapter 12: Introduction to Contract
Chapter 13: Agreement between the parties
Chapter 14: Intention to create legal relations
5. Some preliminary points:
‘Contract’ & ‘Agreement’ distinguished
• Terms „contract‟ and „agreement‟ are often used to
mean the same thing.
• Traditional definition of contract is: „a legally
enforceable agreement‟. So an agreement is NOT
necessarily a contract. It only becomes a contract
when it is legally enforceable.
• The law of contract is all about determining which
promises the law will enforce.
6. Contract law is found in both the common law
and statute law
Common law: cases where parties have had their
contractual disputes (civil cases) settled by the
courts (and these become precedents)
Legislation imposes standards of conduct on certain
contracts (for example, consumer contracts in so far
that they should not be unfair, not sell things which
are broken or dangerous, and some contracts must
be in writing such as credit contracts)
8. Creation of a simple contract
Chapter 12 gives us an overview:
Creation of an
Apparent Simple Contract
• Three elements required:
• Intention to contract
• Agreement between the parties
• Consideration.
9. Validity of a simple contract
There are 4 elements required for validity
(hence, enforceability):
• The parties have legal capacity,
• The parties have consented,
• There no illegality of purpose and
• Any form requirements have been
satisfied.
10. Classification of contracts
Contracts classified by formation:
• Express Contracts - wholly in writing, wholly oral
or combination of the two; all the terms are agreed
upon.
• Implied Contracts - look at the circumstances
surrounding the acts or conduct of the parties. A
person prunes your roses every year without any
formalities.
• Quasi-contracts - an obligation imposed by law on
a person, for example, a promise to consider a
tender for a contract.
12. Classification of contracts
Statute of Limitations
• The time limit within which a legal action
to enforce a formal contract „under seal‟
can be brought before it becomes
„statute barred‟ varies between states
(e.g. SA: 15 years).
• It is much shorter for an action to
enforce a simple contract (e.g.
SA/NSW/Qld/Tas/ACT: 6 years).
13. Classification of contracts
Some contracts are void unless they are in
writing
• bills of exchange and promissory notes;
• cheques and payment orders;
• „hire purchase‟ and credit contracts under
the Uniform National Credit Code; and
• real estate contracts.
14. Classification of contracts
• There are some contracts which must be
evidenced in writing if they are to be enforceable.
• This is simply a requirement of proof which dates
back to the Statute of Frauds 1677 (Imp).
Lee Road v Catanzariti [2005] SADC 64
Offer and acceptance of terms of a real estate sale
was by exchange of a number of faxes which
confirmed a number of terms. Later the seller
refused to sign the formal contract saying nothing
had been agreed in writing.
Held: the faxes (read together) were sufficient.
15. Contracts and e-commerce
• The Electronic Transactions Acts provide a legal
framework to encourage businesses and
consumers to use electronic commerce by
providing that the law shall treat electronic and
paper-based commerce equally.
• Electronic Transactions Act 2000 (SA)
A buyer can accept an offer by clicking on “BUY”.
An automated message system can indicate
acceptance of a contract.
16. Contracts and e-commerce
• Other features of the Electronic Transactions
Acts include:
• A transaction is not invalid because it took place wholly
or partly electronically;
• A requirement to give information in writing can be
satisfied electronically;
• Electronic signatures are acceptable;
• Electronic form is equivalent to hard copy;
• Recording of information in electronic form is
equivalent to hard copy;
• Time and place of despatch can be electronically
recorded.
17. Chapter 13: For a contract to be
made there must have been
agreement.
19. Agreement by conduct alone
Brambles Holdings v Bathurst CC [2001]
NSWCA 61 (2001) 53 NSWLR 153
Brambles took liquid waste from BCC for a fee. BCC
wrote to Brambles offering a higher fee if they kept
some aside for a waste treatment plant. Brambles
didn‟t want to do that but charged and received the
higher fee anyway.
Held: There was a contract on the terms as set out by
BCC. Brambles‟ conduct indicated implied
acceptance. They now needed to repay the sum they
should have set aside.
20. Only if there is a valid offer followed by a
valid acceptance
• Offer: promise by offeror to do something
(or not do something) if the offeree
responds in a stipulated manner
(e.g. Stating a willingness to sell goods or
supply services in exchange for a
stipulated price)
Is there an agreement?
21. Offer
Offers can be:
• In writing
• Verbal
The offer must be communicated
to the offeree.
22. Distinguish advertising exaggerations
A contract will not be held to be
enforceable if the offer was not
intended to be taken seriously
• Exaggerated „offers‟ are called “puffs”
23. Puffs
Leonard v Pepsico Inc 88 F Supp 2d USA
• Pepsi advertised that 7,000,000 points qualified
a consumer to win a Harrier jet
• The form indicated that additional points could
be purchased for ten cents each. Leonard raised
$700,000 in order to purchase the points needed
to acquire the jet (which was worth $33.8
million).
24. Puffs
Held: that it was clear that no serious
offer for a Harrier jet was made. An
objective reasonable person would find
that the offer was in jest.
25. An „invitation to treat‟ is not an offer
Catalogues,
price lists most
adverts are
„invitations to
treat‟, not offers
26. Offer versus invitations to treat
Pharmaceutical Society v Boots [1953] 1 QB 401
Was the chemist “selling” drugs without a
pharmacist present? Held: Displays in shops, even
with prices marked on them, are just „invitations to
treat‟. Remember Fisher v Bell? Both of these cases
involved criminal prosecutions … resolved by
reference to contract principles.
This means that a customer in a self-serve shop
makes the offer to purchase at the cashier; the
contract is made when the cashier accepts the offer
(to purchase the item) and takes the cash.
27. Tenders and auctions
• A call for tenders is an „invitation to treat‟.
The tender is the offer that can then be
accepted by the person who put out the
call for tenders.
• Auctions
The bid is the offer, which is then accepted
with the fall of the hammer.
28. Provision of information is not an offer
Harvey v Facey [1893] AC 552
• The plaintiffs asked the defendants at what price
they would be willing to sell some land. The
defendants replied with a figure, which the
plaintiffs treated as an offer and said “we
accept!” Was there a contract?
• Held: No. The defendants‟ reply, rather than
being an offer, was merely a statement of the
minimum price at which they would be willing to
sell. The discussion was still at the negotiation
stage.
29. An advertisement is usually not an offer.
Instead, it is an invitation to treat – an
invitation to another person to make an
offer.
However an advertisement may, in some
cases, show an intention to be bound and
would therefore be construed as an offer.
Carlill v Carbolic Smoke Ball Co [1893] 1 QB
256.
Some advertisements are
enforceable
30. • The Carbolic „smoke ball‟ was designed to
prevent users contracting a cold
• £100 was to be provided by Carbolic to any
person who had used the ball three times daily
for two weeks according to the printed directions
supplied with each ball, and still contracted the
flu
• £1000 pounds was deposited in a bank to show
their business sincerity
32. Carlill v Carbolic Smoke Ball Company
• Mrs Carlill used the Smokeball as required
but still got the flu.
• When contacted, the Carbolic company
denied they were legally liable to pay.
They said it was not an offer; just a „puff‟.
Mrs Carlill sued the company for the
reward saying there was a contract.
33. Carlill v Carbolic Smoke Ball Company
Held: the advert was more than a mere puff;
it was a clear legal offer because the
wording of the advert indicated a clear
intention of Carbolic to enter into legal
relations with anyone who „accepted‟ the
offer by fulfilling the conditions.
34. The ratio decidendi of Carlill:
• An offer can be made to the world at
large
• It is accepted when the persons to
whom it is directed do what is
required
• Gives rise to what we sometimes
refer to as a unilateral contract.
35. One final matter: Options
Goldsborough Mort v Quinn (1910) 10
CLR 674
• An option is a contract to keep an
offer open
• The deposit is sometimes called an
„option‟ … it „seals‟ the promise to
keep the offer open.
37. Termination of offer
Revocation (Withdrawal)
• A withdrawal of offer revokes the offer. But
to be effective, withdrawal by the offeror
must be brought to the notice of the offeree
before acceptance
• If the offeree learns of the withdrawal
indirectly they cannot then try to accept it:
Dickinson v Dodds [1876] 2 Ch D 463
Byrne v Van Tienhoven & Co (1880) LR 5
CPD 344
38. Termination of offer
Rejection or Counter-Offer
Refusal by the offeree or a counter-offer by
the offeree will terminate the offer.
39. Termination of offer
Lapse of Time
Non-acceptance within:
• a reasonable time
• a stipulated time
• or death of either party before
acceptance
will terminate the offer.
40. Termination of offer
Lapse by failure of a condition
• If the offer is subject to a condition and
the condition is not fulfilled, the offer will
lapse.
• If there is a condition precedent, it must
be satisfied before the agreement can
ripen into a contract.
41. Acceptance
There are rules related to acceptance too.
Acceptance be made in reliance of the offer
• The offeree must intend to accept the offer.
-R v Clarke (1927) 40 CLR 227
Clarke gave information to clear his name, not
because of the offer.
42. Rules relating to acceptance
Acceptance must be strictly in accordance with
the terms of the offer: For example, if the offeror
specifies a method of acceptance, it must be
followed:
Gilbert J McCaul (Aust) Pty Ltd v
Pitt Club Ltd (1954) 76 WN (NSW) 72
Lessee failed to pay rent on time, then sought to
renew the lease. Held: could not be renewed as
he had failed a condition precedent (even though
the landlord did not appear to object to the
irregular payments.)
43. Rules relating to acceptance
Acceptance must be conveyed by
someone with authority.
- Powell v Lee (1908) 99 LT 284
The „acceptance‟ of an offer
regarding employment had not
come from a person in authority so
it was not binding acceptance.
44. Rules relating to acceptance
Silence cannot be acceptance.
Felthouse v Bindley (1862) 142 ER 1037
Offeror said to the offeree
“If I hear nothing I will consider the horse
sold”
Held: no contract
45. Rules relating to acceptance
Acceptance must be absolute and
unconditional
• Acceptance must be absolute and
unqualified or it may amount to a counter-
offer.
Ebenezer Mining v Seppanen [2003] QSC 62
Negotiations for the purchase of minerals had
never amounted to a final, unconditional
acceptance.
46. Rules relating to acceptance
The postal rule
• Where the parties contemplate the use of the
post as a medium of exchange of promises, the
rules as to the time of acceptance change as
follows:
• An offer by letter is not effective until received by the
offeree.
• But acceptance is effective as soon as it is posted.
- Adams v Lindsell (1818) 106 ER 250
47. Rules relating to acceptance
The postal rule
• If revocation of an offer is to be effective,
it must be received by the offeree before he or
she posts their letter of acceptance.
Byrne & Co v
Leon Van Tienhoven & Co [1880]
48. Rules relating to acceptance
Instantaneous communications
• What happens where the communication of
acceptance is instantaneous?
• Entores Ltd v Miles Far East Corp [1955] 2 QB
327
Held: the „postal rule‟ didn‟t apply to the contract
with the Dutch company. The acceptance
happened when the telex arrived back in the UK,
and that‟s where the contract was formed.
49. Rules relating to acceptance
Instantaneous communications
• In cases of agreements communicated by means
of telephone, fax or email, the contract is formed
when and where the offeror hears or receives the
offeree‟s acceptance.
• Electronic Transaction Act 1999 (Cth) provides
guidance on times for receipt and despatch. Act
infers that acceptance could be when the offeree
pushes the „send‟ button.
50. Rules relating to acceptance
Email: safest legal position is that it is
accepted when it comes to the
attention of the addressee (offeror) or
is “accepted by information system”
outside of the sender‟s control.
51. Intention to contract
Chapter 14: The parties to the
agreement must intend the
agreement to be legally enforceable.
If there is no intention there is no
contract.
The courts will apply objective tests
to decide whether an intention to
create legal relations was present at
the time.
52. • „Subject to contract‟ clauses
• document is not in its final form and/or is
subject to preparation of written document
therefore there cannot be an intention to
conclude the contract:
Masters v Cameron (1954) 91 CLR 353
No contract…the parties were still getting the
final form ready.
Intention to create contract
53. Implied intention
• The courts have to determine objectively whether
the parties intended the agreement to be legally
enforceable
• To assist, consider two categories:
• social, family, domestic, voluntary
• commercial or business
Intention to create contract
54. Implied intention
• Traditionally:
• social, family, domestic, voluntary
• presumed no intention to create a contract
• commercial or business
• presumed intention to be bound by a contract
Intention to create contract
56. Intention to create contract
Non-commercial agreements
• Three types:
• Social agreements - ones made between friends or
acquaintances;
• Domestic agreements - ones made between family
members and relatives; and
• Voluntary agreements - where the parties may
volunteer their services.
57. Non-commercial agreements
Lotteries and competitions
A social arrangement may nevetheless result
in an intention to contract where it is clear
from the facts that it is what the parties would
have intended:
Trevey v Grubb (1982) 44 ALR 20
3 people won a lottery…the person whose name it
was in refused to share it even though there was
a regular contribution by all 3. Held: commercial.
58. Non-commercial agreements
Agreements between intimate partners
Traditionally in domestic situations:
• Husband and wife yet promise made while engaged, no
intention that the dress allowance was binding:
Cohen v Cohen (1929) 42 CLR 91
• Where the parties are in a de facto (secret) relationship, very
unlikely to find a contract that is binding:
• Ashton v Pratt [2012] NSWSC 3
Mistress relationship was purely social so $2.5 million trust fund +
$500,000 annual allowance was not binding on the estate of the
billionaire.
59. Non-commercial agreements
Other domestic arrangements
In the case of some domestic situations the courts will
look at the words and conduct of the parties as well as
the seriousness of the consequences:
Wakeling v Ripley (1951) 51 SR (NSW) 183
Wealthy old man promised sister and husband a home
and an estate upon his death if they moved to
Australia. Later quarrel. Was the promise binding?
Held: Yes.
60. Non-commercial agreements
Voluntary agreements
In cases of voluntary agreements, such as where a
person volunteers their services, the parties do not
normally intend to create legal relations:
Teen Ranch Pty Ltd v Brown (1995) 38 AILR 5-036
Was a volunteer covered by workers‟ compensation?
Held: No evidence of an intention to create legal
relations. For example, there was no wage.
61. Intention to create legal relations
Ermogenous v Greek Orthodox Community of
SA Inc (2001) 209 CLR 95
Simply applying ‘presumptions’ may no longer be
the appropriate test for intention.
Nevertheless …
Held (HC): that while there was a non-
commercial relationship, E had established that
there was a legally enforceable contract in this
case. Clear that this was not a precedent for all
churches in the future.
62. Commercial or business agreements
General
In business and commercial agreements the courts
assume that there is an intention to create legal
contractual relations:
63. Intention to create legal relations
Commercial relationships:
Pirt v Pirtferm Ltd [2001] WASCA 96
Professor Pirt held IP in his inventions. Investors
had informal talks. Had there been an
agreement? Presumption that the men were
intending commercial relationship.
Held: no contract. No intention on the part of Prof
Pirt to part with IP without a lot more settled
terms and agreement.
64. Commercial or business agreements
Advertisements
Carlill v Carbolic Smoke Ball Co [1893]
Remember that the court there said that
the presence of the deposit of money
indicated a strong intention to be bound
by legal contract.
65. Next week...
Law of Contract
Formation Part 2 –
Chapter 15: Consideration
Chapter 16: Capacity of the parties to contract
Chapter 17: Genuine consent