Pre law class 2019 09 29

contracts

criteria for a valid contract

 offer and acceptance

 certainty

inside a contract

terms of a contract

unfair terms

remedies and damages

not all agreements are contracts but all contract are agreement .

how is contract made

speciallity

simple oral conduct and written

notarial public

agreement

offer, offeree

acceptance unconditional

consideration what both parties will give up in the contract

contract for the sale of goods

buyer is giving money while the seller is giving goods

either common law or equity will assist a voluntary

bilateral contract where both gives up something tangible

unilateral contract where one party give you service, not tangible
intention to create a legal relation

capacity to make contract

age 18 years old or older , mental stability or under influence of drugs

genuineness of consent for a contract

legality of contract

contracts are not higher than the laws of the land

offer and acceptance

offer

what is offer ? must definite and uniequal

invitation to treat

carlin vs carbolic smoke ball ( to prevent the flu still catch the flu )

an offer can make to the world at large

Gibson vs Manchester city council

Tenants was livil council house, Gibson approached Manchester city to purchase

Manchester city they may sell for 2180

Gibson made an offer 2180 to purchase

Gibson loss the case

Only An offer lead to an acceptance

Invitation to treat lead to offer

Invitation to treat

Advertisement

Brochure

Phamlet

Window sign

Bramble head and speic

Fisher vs bell case shop display

Advertise a flick knife for sale

Was charge for offering the knife for sale

It was an invitation to treat

Bell won the case since the knife was an invitation to treat

Timothy v. Simpson

Pharmaceutical Society of Great Britain v. Boots Gash Chemists (Southern) Ltd.

Boots case

Boots pharmacy was selling drugs prescription and prescription without a pharmacist

But the court held that when you reach the cashier the cashier passes the drug to the pharmacist who
ask for the prescription.

Parking and shoelane case

Ways Which an offer can be terminate

Lapse of time

Failure of precondition

Rejection hyde and ridgne case

Death

Withdrawal
Principle is that as long the offeree start performance the offeror cannot termite the contract

Case to note

Ernto and ernto

Miller vs 4mill bank

Open end offer have no time to accept with in a reasonable time

Ramskin vs Victoria hotel case

Advertise share for sale prospectus to sale in may client may offer in may

November the company issues accept offer to client the offer has lapse since 6 months lapse

Failure of a precondition

Financial ltd vs simmions

Claimant and the bank to buy a car

Defendant when to the showroom for a car defendant when to the bank for a loan , car was stolen
from showroom , the car was found in a bad state , he refuse the car and refuse to pay the bank .

The car remains the same I offer to buy with a precondition contract .

Rejection by offeree

Hyde and wrindge case

Refected by the offeree by a counter offer

Stephson and meklien

Scrap iron 40 on delivery

Revocation
Where the offer changes his mind,

Revocation becomes Valid before the offer is accepted by the offeree

Revocation must be communicated.

Cases

Bird vs vanhogan

Post the letter to sell accept on telegram

Make the offer on the 1 oct

Accept on the 11 oct

Revocation on the 20 oct which was not acceptable

Revoaction must be communicated

Harmson and dickerson

Dickson and dodge

Revocation must be communicated by the offeree or parties .

Revocation of a unilateral offer

Offer cannot be revoke when the offer has been started.

2019/10/06 pre law contract

Rati desinni – legal principle

Acceptance the unconditional acceptance by the offeree

Acceptance by verbal or conduct not by silent

Flethouse vs billly silent can never amount to acceptance

Uncle wanted to buy horse from the nephew, the staff made a error and put the horse in the action and
the horse was auction off . what the uncle said the uncle offer the nephew to buy the horse and said if I
don’t hear from the horse is mind this clearly silent cannot made an acceptance.
Acceptance by unilateral contract which is service

Tim vs Hoffman

2 cross offers cannot made to an offer and acceptance

One person sends a offer 1200 for iron and the next party send an offer for 800

Battle of forms

When two companies are doing business

Bulter tool company vs exol coporation

Court decide that the last form wins the battle that is the last document present wins the battle.

Claimiant – bulter

Defendant – exol

Defendant need a machinery the claimant provides a quotation with all deals the fine print have a price
variation clause if the price goes up we will charge you the difference.

Buyer will take it on their standard form which does not have a price variation form. The accept the form
the sign and torn off the acceptance slip

10 mths after the machine id dilver the claimant is claiming a difference 2780

Lord demin

Method of acceptance

The communication method of acceptance

Offerer is the person who owns the offer and tells how to accept by the method telephone, email in
person post etc

The offeree must communicate the offer to the offeror

In the case of felthouse vs bilbly

Fareast house vs milthouse coporation

Exception to the communication rule

Terms of the offer

If the person who owns the item can inpose silent as acceptance

Offeror prevents himself from receiving the offer.lapse on the offerer

Postal rules

Lapse when the acceptance was sent and when it received

Adams vs lydsil case

Accepting by post When it is post, the date

You cannot blame the offeree for the delay by the post,

When the postal rules applies is when the offeree post the letter.

When the postal rule not apply , when the offerer not except offeree to used it but when the offerer
receive it in his hands .

Offers requires communication of

Holand security company vs hughes

Notice in writing – show up and writing

Cannot apply the post rule

Instantons method communication the postal rule does not apply

You accept and made a phone call a

Entros vs miles fareast company

Telex was used offer and accept

Where was contract made the postal rule does not apply ,

Contract was made in London since the offer was accepted in London

brickybond startars

telex was offer

fire insurance vs grant postal offer

grant offer by letter to buy

fire insurance accept by post

postal rule apply grant was liable to pay for the shares
offerer can revoke an offer anytime before the acceptance

burns vs vantinhogan

offeree changes his mind

Frasier

Domore and alexander

If the hear the machine offeree sends a revocation at the same time the letter is read which is a
acceptance the contract can be revoke

Ignorance of the offer

Williams vs cowarly

Claimant was aware of the reward give the information court held she was entitle to it

Gibson

State vs Clarke

Offeree main objective to give the information was clear himself since he was accomplice in the crime

Bear textile company vs mark and spencer

Business was done common knowledge no contract no breach

Auction sales invitation to treat

Harris vs

Claim cliam for travel expenses since the auction was cancel

Offer start when the bidding starts

Auction with reserve – ceiling price or starting price , without reserve – no startin price

Barry vs davies

Sales will be without reserve

Claimant place a bid 200

Tenders

Invitation to bids

Offer must be definite and unequivalve

Hardveil investment vs

Sale of land

Damage will not be a adequate remedy

Comply the seller to sell at the last minute

Harvey vs spacly

Claimaint send price

Mistake an offer or or for information

Lowest price is 900

A statement of price cant lead to an acceptance only an offer can lead to an acceptance .

Hw

Critically examined the criteria for an offer.

2019/10/01 english legal system

Common law and equity

Source of the law and where the law come from

King hennery found a way to rules and regulation common law

Common law

Rato desideni

Staring desidsis

Problems with common law

Ridged

One solution for all exact prower

One remedy which is money

Doctorine of judicial precedence was too robotic

King was recording all the problems and with all the solution

King court

No writ no remedy

Equity

Who create equity, by lord Chancallor

Supreme court

Appeal court

Crown court

Magistrate court
Development of equity

earl oxford case

Nature of equity

Miller and jaskson case

badam and white case buying useless hops

equity was to remedy common law to make flexible

chancellor court

new remedies was create inadditon to to money

Lord chancellor injunction

Specific performance

Rescission

New rights was create by Lord chancellor

Equity of redemption

Law of trust

Preoperatory or promissory estoppel

Equity of redemption rights goes to the borrower

Will, will only takes effect when the testator dies

Judicator Acts establishing of the court structure - common law and equity court was operating
differently eg earl oxford case where common law and equity force to work together

Create a trust fund

Will vs trust

Promissory estoppel deals with promise reliance and detriment

Equity will stop some one from going back on their promise, equity do what is fair, equity follow the law.

When you can prove that money does solve the problem you move to equity

Dillion vs uling case

Equity has a modern application

Is equity relevant today .

New remendies 1990 equity

Home work know the case

Maveria injunction

Anthon pilliar order

Equity operates by principles or maxim

New procedures

New rights

New remedies

Maxium equity

He who comes to equity, must comes with clean hands

D&C builders vs Rees case

Delay defects equity

Leafs vs international gallery case

Equity looks form

Dillion vs uling case

Equity would not look at a voluntary

State vs hores

Limitation act 1980

Case law – judge was appointed by state

Statue law – parliament right body to make the law

Eu law – international body

State vs Nicolson