Offer - Contract Law

What does this mean: ratio decidendi?
The legal principle of the case.
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What does this mean: obiter dictum?
By the way - a persuasive term.
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What does this mean: stare decisis?
A system of case law by which new cases are decided.
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What are two factors needed when using stare decisis?
Rank of the court, date of the decision?
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What is the civil court hierarchy?
County, High, Court of Appeal Civ Div, Supreme, European Court of Justice.
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What is the criminal court hiearchy?
Magistrates, Crown, Queen's Bench, Court of Appeal Crim Div, Supreme Court.
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Which interest is usually protected by Contract Law?
Expectation.
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Have the vast majority of people entered into a standard form contract?
Yes. There is no chance to negotiate.
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What are the factors of Classical Contract Theory?
Consensus ad idem, offer + accept, capacity, legality, consideration, formality, intent.
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What is consensus ad idem?
Meeting of minds.
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What does having capacity mean?
18+, mentally sound.
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What are the two main types of contract?
Bilateral, unilateral.
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Must contracts be written?
No they can be oral as well. Blue v Ashley [2017] EWHC [1928].
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When was classical contract theory formed?
At the end of the late nineteenth century.
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What kind of approach must be taken when courts are assessing an agreement?
An objective approach.
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Why must an objective approach be used when assessing a contract?
To check all the building blocks of a contract are there.
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What is an offeror and an offeree?
The person making a valid offer, and a person in receipt of the valid offer.
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What are unilateral and bilateral contracts?
Unilateral, made to the whole world. Bilateral, made from person A to person B.
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What is an offer?
An expression of willingness to contract on specified terms.
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Why must offers be clear and identifiable?
Shown in these individuals trying to buy a house. Storer v Manchester City Council [1974]. Gibson v Manchester City Council [1971]. Gibson lost the case, "maybe prepared to sell", not a clear offer. Storer won, "will complete", clear offer found.
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Are requests for information offers?
No. Shown in Harvey v Farcey [1893] with "Will you sell this property?".
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What are invitations to treat?
Not an offer, inviting consumer to make an offer. Fisher v Bell [1961] Pharmaceutical Society of GB v Boots Partridge v Crittenden [1968]
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Are auctions and tenders offers?
Auctions, not generally offers. Tenders are generally invitations to treat.
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If an advert is giving an offer, is it an offer?
Yes, if it is undoubtedly giving an offer. E.g: Grainger v Gough (1856), price lists, invitations.
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What is the ruling concerning termination/revocation?
Can be at any time before acceptance is valid. Shown in: Dickenson v Dodds (1876), Byrne v Van Tienhoven (1880).
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What can happen to an offer after a reasonable time?
The offer may lapse. Ramsgate Victoria Hotel v Montefiore (1866).
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Other cards in this set

Card 2

Front

What does this mean: obiter dictum?

Back

By the way - a persuasive term.

Card 3

Front

What does this mean: stare decisis?

Back

Preview of the front of card 3

Card 4

Front

What are two factors needed when using stare decisis?

Back

Preview of the front of card 4

Card 5

Front

What is the civil court hierarchy?

Back

Preview of the front of card 5
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