Contract Law

• Thornton v Shoe Lane Parking: An offer can be made through a machine.
• Fisher v Bell: A display is an invitation to treat, not an offer.
• Pharmaceutical Society of GB v Boots Chemist: The offer is made by the customer at the point of sale.
• Partridge v Crittenden: An advert is an invitation to treat, not an offer or sale.
• Payne v Cave: The auctioneer requests for bids is the invitation, the bid is the offer, the hammer falling is the acceptance.
• Harvey v Facey: A response to a RFI is not an offer.
• Guthing v Lynn: Terms of an offer must be certain.
• Gibson v Manchester City Council: A statement is not an offer if it is not definite in the terms it uses.
• Carlill v Carbolic Smoke Bomb: An offer can be made to the whole world and anyone choosing to fulfil the offer could accept.
• Dickinson v Dodds: The offeror or a reliable person must communicate the revocation to the offeree.
• Bryne v Van Thienhoven: You cannot revoke an offer that has already been accepted.
• Routledge v Grant: There was no acceptance of the offer, Grant was entitled to revoke the offer.
• Stevenson v Mclean: The offer ends when there has been rejection, but that rejection must be clear.
• Ramsgate Victoria Hotel v Montofiore: If the offer isn’t accepted quick enough, it is fair to assume the offer has lapsed.
• Hyde v Wrench: If a counter offer is made, then the original offer is voided.
• Jones v Daniel: J ”accepts” an offer to sell his land to D but J’s acceptance letter contains new terms, so no contract formed.
• Yates v Pulleyn: Method of acceptance.
• Felthouse v Bindley: Silence cannot be acceptance.
• Carlill v Carbolic Smoke Ball: Can accept the terms of a contract by doing your part of the contract.
• Adams v Lindsell: If the news of acceptance is sent but not received before another sale is made then there is a contract as it was already sent.
• Entores v Miles Far East: Acceptance occurs when the offeror is aware of the acceptance.
• Household Fire Insurance v Grant: Lost in post (Postal Rule)
• McGowan v Radio Buxton: ICLR was created.
• Jones v Vernons Pools: No ICLR
• Chillingworth v Esche: Until the contract is signed, there is no legally binding agreement
• Sadler v Reynolds: Burden of proof for ICLR can change.
• Balfour v Balfour: Domestic agreements are not legally binding
• Merritt v Merritt: If the agreement isn’t made while together, it isn’t a domestic agreement.
• Simpkins v Pays: If there is money involved, it is more likely to be a business agreement, even if it is a domestic relationship.
• Currie v Misa: “Consideration can consist of a right, interest, profit, benefit, detriment or forbearance”
• Chappell v Nestle Co: Consideration must be sufficient
• White v Bluett: A promise to NOT to do something cannot be good consideration.
• Ward v Bytham: A promise TO do something can be good consideration.
• McArdle: Consideration must be present or future, past isn’t good enough.
• Stilk v Myrick: Consideration must be given to enforce a promise of additions to the previously agree terms.
• Hartley v Ponsonby: When consideration is given that exceed the previous contract, it is considered good consideration for promises made.
• Scotson v Pegg: Consideration can only be used once per person but can be used multiple times if for different people and agreements.
• Pinnel: Part payment in place of whole payment is not good consideration.
• Dunlop v Selfridge: Only those parties to contract to claim under it.
• Jackson v Horizon Holidays: Where one party is making a contract on behalf of themself and others.