contract law - concepts and agreement

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  • Created by: launa07
  • Created on: 01-05-15 20:17
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  • CONTRACT LAW
    • concepts of a contract
      • contract definition
        • a contract is an agreement which gives rise to obligations and which is enforceable and recognized by law
      • essentials of a valid contract
        • agreement
        • consideration
          • intended to create a legal relationship
      • privity  of a contract
        • privity of a contract states that,generally only the parties t a contract are bound by it
        • Tweedle v Atkinson 1861
      • established /attempted exceptions
        • jackson v horizon holidays ltd 1975
      • 3rd parties act 1999
        • Under this act 3rd parties can enforce a term of the contract.
    • Agreement
      • objective test- make a judgement by outward appearances
        • Gibson v Manchester city council
          • ending an offer
            • revocation, rejection, lapse of time acceptance
              • payne v cave 1789 - established a offer can be revoked at any time until acceptance
              • to reject an offer is to end it ... a counter offer has the same effect as rejection .
              • an offer is said to have a set period of time it ends when that time expires
                • Ramsgate Victoria hotel v montefiore 1866
              • acceptance is the final assent to all the terms of the offer
      • Offer Definition
        • an expression of willingness to a contract on certain terms with intent for it to be legally binding
        • unilateral contract
          • if you do something i promise to do something in return
          • bilateral contract
            • both parties have obligations
        • making an offer can be made orally, in writing,or by conduct
          • there must be knowledge of the offer as well as       communica-    tion
            • taylor v laird 1856
  • revocation, rejection, lapse of time acceptance
    • payne v cave 1789 - established a offer can be revoked at any time until acceptance
    • to reject an offer is to end it ... a counter offer has the same effect as rejection .
    • an offer is said to have a set period of time it ends when that time expires
      • Ramsgate Victoria hotel v montefiore 1866
    • acceptance is the final assent to all the terms of the offer

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