Contract Law - Agreement

This is usually the starting point in establishing whether there is a legally enforceable contract, although it is important to note that this alone is not proof of the existence of a valid contract. Consideration and an intention to create legal relations will also need to be established.

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  • Created by: Emma
  • Created on: 21-05-09 09:58
As this was subjective, what is the courts more recent approach?
An objective test of agreement looking at outward appearances
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What do the courts generally now focus upon finding?
Finding an offer from one party that is then accepted by another
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What case illustrates this new approach?
Gibson -v- Manchester City Council
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When is an offer made?
When one party indicates he is willing to be bound as soon as the other party agrees to the terms
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What does the case of Nicolene Ltd -v- Simmonds illustrate?
If one of the terms in the contract is uncertain or meaningless, the court may simply ignore such a term
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What is a unilateral contract?
A contract under which if the offeree does something he will receive a benefit which could also be made to a group or the whole world
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What is illustrated by the case of Taylor -v- Laird?
The offeree must have knowledge of the offer and therefore must be successfully communicated
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When might an advertisement be an offer rather than an invitation to treat?
Where there is a definite promise to be bound if certain conditions are performed
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What is illustrated by the case of Pharmaceutical Society of Great Britain -v- Boots Cash Chemists?
By placing goods on shelves in shops, the shop is not making an offer to sell but an invitation to treat against which the purchaser would make an offer to buy
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British Car Auctions -v- Wright illustrates which point?
A bidder makes an offer to buy which the autioneer accepts by bringing the hammer down
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Other cards in this set

Card 2

Front

What do the courts generally now focus upon finding?

Back

Finding an offer from one party that is then accepted by another

Card 3

Front

What case illustrates this new approach?

Back

Preview of the front of card 3

Card 4

Front

When is an offer made?

Back

Preview of the front of card 4

Card 5

Front

What does the case of Nicolene Ltd -v- Simmonds illustrate?

Back

Preview of the front of card 5
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