Max's Legal Refresher - Contract Law (I)

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1. Which is NOT true regarding performance of legal duties as consideration?

  • Performance of legal duty can be good consideration for policy reasons (Williams v Williams)
  • OK if other party derives a practical or commercial benefit & provided no duress or fraud (Williams v Roffey)
  • Performance of legal duty not generally good consideration (Collins v Godefroy)
  • Exceeding legal duty can be good consideration (Glasbrook; Ward v Byham)
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2. Which are examples of offers (rather than invitations to treat)?

  • Requests for tender or calls for bids in auction with reserve.
  • Display of goods in self-service shop (Boots), or shop window (Fischer)
  • Tenders, auction bids or auctions without reserve, i.e. unilateral promise to sell to highest bidder (Barry v Davies)
  • Adverts in normal circumstances. (Partridge)

3. Which is NOT true regarding good consideration?

  • Must be more than a condition (Cheshire Fifoot & Furmston)
  • Social promise only if relinquishing legal rights (White; Hamer)
  • Must be adequate, i.e. equivalent economic value to the value of the promise (Chappell)
  • Must be sufficient but need not be adequate; nominal economic value is fine (Chappell)

4. Which one is NOT true regarding revocation of offers?

  • Notice of offer revocation effective on receipt if reasonable, eg. normal business hours (The Brimnes)
  • Offer can be revoked up until acceptance. Promise to keep offer open until given date generally not binding (Routledge)
  • Notice of offer revocation must be given directly not by 3P (Dickinson v Dodds)
  • Offer revocation must be communicated & received (Byrne & Co)

5. Definition of "promissory estoppel"?

  • An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act (PLC)
  • The precluding of a party, in certain circumstances, from proving in litigation particular facts or matters which, if proved, would assist him to succeed as plaintiff [now claimant] or defendant in an action (Thoday v Thoday)
  • If one party makes promise to forgo a legal right, and other acts on it, the other has a defence to any claim by the promisor which is inconsistent with that promise (High Trees)
  • Equitable remedy whereby contract is set aside and parties returned to pre-contract positions (PLC)
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