Contract Law Bible (Uk Legal System)
The Contract Law Bible
Hey Guys. I worked really hard on this on the run up to the June exam last year. I found it really useful and so did the people in my class. Please feel free to pass this on to your friends who are studying contract law, but please don't pass it off as your own, or make any money from the reproduction of this. Thanks =) Lucy Rimington ©
Offer and Acceptance Offer - A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract. E.g. Would you like to buy my house for £100,000? Invitation to Treat
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Goods Displayed on Shelves o Pharmaceutical Society GB v Boots Cash Chemists [1953] o Pharmacy and Poisons Act 1933 – chemist to be present at point of sale. Point of sale was cash desk, displaying of product was invitation only. Freedom of contract preserved – shops can refuse sale Goods Displayed in Shop Window o Fisher v Bell [1961] Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat. Advertisements o Partridge v Crittenden [1968] Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer. Lack of objectivity o Gibson v Manchester City Council [1979] Gibson invited to buy house. Council invited application on “may be prepared to sell” basis. Not an offer. Mere statement of price o Harvey v Facey [1893] Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement. Lots at Auction o Harris v Nickerson [1873] Furniture listed in catalogue, Harris hoped to buy. Items withdrawn. Advertising was invitation to treat, acceptance only at fall of hammer. o British Car Auctions v Wright
Hey Guys. I worked really hard on this on the run up to the June exam last year. I found it really useful and so did the people in my class. Please feel free to pass this on to your friends who are studying contract law, but please don't pass it off as your own, or make any money from the reproduction of this. Thanks =) Lucy Rimington ©
Offer and Acceptance Offer - A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract. E.g. Would you like to buy my house for £100,000? Invitation to Treat
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Goods Displayed on Shelves o Pharmaceutical Society GB v Boots Cash Chemists [1953] o Pharmacy and Poisons Act 1933 – chemist to be present at point of sale. Point of sale was cash desk, displaying of product was invitation only. Freedom of contract preserved – shops can refuse sale Goods Displayed in Shop Window o Fisher v Bell [1961] Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat. Advertisements o Partridge v Crittenden [1968] Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer. Lack of objectivity o Gibson v Manchester City Council [1979] Gibson invited to buy house. Council invited application on “may be prepared to sell” basis. Not an offer. Mere statement of price o Harvey v Facey [1893] Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement. Lots at Auction o Harris v Nickerson [1873] Furniture listed in catalogue, Harris hoped to buy. Items withdrawn. Advertising was invitation to treat, acceptance only at fall of hammer. o British Car Auctions v Wright