Paper 3 law

• Offer- an expression of willingness to contract on specified terms and to be bound in law as soon as accepted
• Offeror


  A person that makes an offer
• Offeree 


  person receiving the offer
• Unilateral offer


  Made to be accepted by performance, universal
• Bilateral 


  Agreement made between two people
• An offer must be

  communicated
• Gibson v Manchester
• Invitation to treat


  'An invitation to treat is a preliminary statement expressing a willingness to recieve offers'
• Advertisement


  Carlill v Carbolic smoke ball
• Goods in a window

  Fisher v Bell
• Request for information


  Harvey v Favey
• Termination of offer


  Can only be accepted while it remains open
• It may come to an end...

  At a given time, set condition, or if accepted by another party
• Revocation (revoking or cancelling)

  Rutledge v Grant
• Rejection


  Hyde v Wrench
• Lapse of time


  Ramsgate
• Death


  If offeror dies before acceptance, personal representatives still are bound
• Acceptance


  Must be communicated by offeree
• Mirror image rule

  Terms of acceptance must exactly match terms of the offer
• Offer must be communicated

  Felthouse v Brindley
• Acceptance on conduct


  Carlill
• Acceptance by post


  When letter posted in post box (Adams v Lindsell) must be requested, should not manifest inconvience
• Instantaneous forms of communication

  Brinkibon, effective when recieved
• Privity of contract


  If you are not in the party to the contract, you can't sue or be sued under it's terms (Dunlop v Selfridges)
• Exceptions to privity


  The contracts act 1999, third party is named in the contract, has expressed terms allowing third party to enforce, or the contract confers a benefit (Jackson v Horizon)
• An agent...


  Is someone who acts on behalf of the party
• Collateral contract


  is a second contract (shanklin v pier)
• Restrictive covenant


  Prevents landowners from doing something on the land. All present and future purchasers of the land bound by this. (Tulk v Moxtray)
• Economic duress


  Where someone enters into a contract due to threats to damage a person or business financially. Atlas v Kafco
• 1. Pressure has been exterted onto the victim so they have no real choice but to enter


  More than market pressure. They have to be compelled to act by pressure. Universe Tank Ships
• 2. The pressure was illegitimate


  Lawful pressure will only be illegitimate if the threat is unreasonable. Progress bulk carriers
• 3. The pressure induced the victim to enter into the contract

  Duress must be one of the reasons but doesn't have to be the main or only reason. Barton v Armstrong
• 4. The victim protested at the time or shortly after

  Atlantic Baron
• Remedies


  Makes contract voidable, rescission is choice of the claimant
• expressed terms


  idea of the meeting of the minds
• A condition


  Something majorly important, if not satisfied its voidable. Poussard v Spiers
• A warranty


  a minor term, breach can still go ahead but the other party will be compensated for its loss. Bettini v Gye
• Innominate term


  Party's made the importance unclear. Hong Kong Shipping
• Importance of representation


  If representation is crutical to the agreement or heavily relied on in negotiation, its more likely a term. Couchman v Hill
• Specialist skills


  The expertise behind a statement influences whether its seen as a term