Case Cards: Contract

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  • Created by: Amy
  • Created on: 31-03-14 10:52
Fisher V Bell
D had a flick knife for sale in a window with a price on it. It was a criminal offence to offer for sale such a weapon. Quashed as items displayed for sale is not an offer.
1 of 24
Pharmaceutical Society og GB V Boots Chemist
Self service system (customers pick the items off a shelve and pay at the till). Society said that the selling of such pgarmaceutical products needed to be sold in the presence of a pharmacist. Held goods on shelf not an offer - invitation to treat.
2 of 24
Partridge V Crittenden
D placed advert selling bramble finches (bird) illegal to sell them. Held that the advert was an invitation to treat not an offer.
3 of 24
Payne V Cave
Auction. Auctioneers asked people to bid, D made a bid but then withdrew it. Auctioneer claimed that he had made an offer and that D had accepted it. Held an invitation to treat
4 of 24
Carlill V Carbolic Smoke Ball Co
Newspaper advert stated that if somebody used the ball properly then they would never have the flu and if they did a £100 reward would be given. C used the ball properly but still caught the flu - claimed the £100. D refused to pay, Held entitled
5 of 24
Ramsgate Victoria Hotel Co Ltd V Monterflore
D offerd to purchase shares in Cs company. 6 months later C accepted the offer (value had fallen) D had not withdrew his offer but refused to go through with it. Held offer was no longer open, lapsed after a reasonable period of time.
6 of 24
Byrne V Van Tienhoven
D offered to sell to C by letter 1/10 then on 8/10 prior to acceptance, revoked by letter. received 20/10 but had already accepted 11/10. Held revocation must be communicated
7 of 24
Hyde V Wrench
D offered to sell a farm for £1000, C replied offer £950 (counter offer) D refused. C accepted first offer but D refused. Held no contract counter offer destroyed original.
8 of 24
Stevenson V McLean
Telegram. Saturday D made offer, open until monday. Monday - 10am C asked for credit terms. 1.30pm acceptance. but at 1.25pm D had sold to 3rd party arrived at 1.46. Sued for breach, D claimed that the asking was a counter offer - not it was enquire
9 of 24
Eliason V Henshaw
C offered to buy flour from D. offer said acceptance to be given to delivery man. D accepted by post. Court held not valid acceptance - specific method
10 of 24
Felthouse V Bindley
Nephew talked about buying a horse from his uncle. Offered to purchase it and said if he didnt hear from him in two days - considered it his. Silence is not an acceptance.
11 of 24
Adams V Lindsell
D wrote to C offering to sell wool and asked for an acceptance in the post - letter was delayed in post. when receiving the letter sent acceptance asap. however due to the delay D already sold the wool to 3rd party. Was a valid contract, postal rule
12 of 24
Household Fire Insurance V Grant
Grant made written offer to purchace shares in a company. Acceptance was posted to him but it was lost in the post. Company went into liquidation. Grant claimed he was not a shareholder and not liable for value of shares. Acceptance effective when po
13 of 24
Entores V Miles Far East
Telex messages sent from C to D in london offering to buy something from them. D sent back an acceptance from holland to london. when did it come into exsistance, dutch or english law? acceptance needs to be communicated
14 of 24
McGowan V Radio Buxton
Radio competition win a car. C won but was then given a toy car, never had it stated it was a toy - thought it was a car. D claimed no legally binding contract. Judge held there was intention.
15 of 24
Rose & Frank Co. V Crompton
C and D agreement for suppy of tissue paper. Contract contained an honourable pledge clause stating not a formal agreement. D terminated agreement and C claimed but no intention.
16 of 24
Appleson V Littlewoods Pooles
'Binding in honour only' not legally binding. Cant sue the company
17 of 24
Balfour V Balfour
Husband worked abroad and sent maintenance payments to his wife - agreement in a marrage. Relationship went sour and he no longer sent money over. Wife sought to enforce the agreement. Agreement was domestic - not intended legally
18 of 24
Merritt V Merritt
Husband left wife for another woman. He signed an agreement saying he would pay £40 a month to the wife (to pay the mortgage). Agreement was binding, distinguished from balfour
19 of 24
Chappell & Co V Nestle
Nestle ran a promotion if a person sent them 3 chocolate wrappers & a small sum and they would send them a record. the owner of the record Chappell sought to stop them selling it at such a low price, held the wrapper were consideration
20 of 24
Thomas V Thomas
Husband before his death expressed the wish his wife stayed in the house they lived in. No in the will. Executor carried out wish, charged the widow £1 a year rent. Tried later to get rid of her, but the £1 was seen as good consideration
21 of 24
White V Bluett
Son owed his father money. Written out of the will and complained about it alot. Had an agreement that the debt would be paid off if he stopped complaining. When the dad died the executioner tried to recover the debt. Held the sons promise intangible
22 of 24
Ward V Bytham
Childs dad promised to pay the mum towards the upkeep of the child if she kept the child 'well looked after and happy' Stopped paying and she sued. Dad argued that she was only doing what a mum should. Court held didnt have to keep the child happy
23 of 24
Re McArdle
Widow left a house to live in. Repaired and redecorated. Her children (the beneficiaries) promised to pay but didnt. Said payment could not be payed as the work had already been done. Past consideration
24 of 24

Other cards in this set

Card 2


Pharmaceutical Society og GB V Boots Chemist


Self service system (customers pick the items off a shelve and pay at the till). Society said that the selling of such pgarmaceutical products needed to be sold in the presence of a pharmacist. Held goods on shelf not an offer - invitation to treat.

Card 3


Partridge V Crittenden


Preview of the front of card 3

Card 4


Payne V Cave


Preview of the front of card 4

Card 5


Carlill V Carbolic Smoke Ball Co


Preview of the front of card 5
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