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Contract Formation

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22 Questions

offer need to be clear, certain and contain all the terms

Partridge v Crittenden

Advertisments are an invitation to treat

Partridge v Crittenden

An adversitmenet used for a unilateral offer is a valid offer

Carlil v Carbolic Smoke Ball Company

A counter offer is not a valid acceptance as it destroys the original offer.

Hyde v Wrench

As a general rule, a promise to accept less is not a binding promise.

Foakes v Beer

There are three exceptions to the general rule that a promise to accept less is not legally binding.

Pinnels Case

What is the exception to the rule set out in Stilk v Myrik?

Unless the promisee has exceeded his contractual obligation and goes over and above - Hartley v Ponsonby

In order to revoke a unilateral offer the offeror must take reasonable steps to notify those who might be likley to accept.

Shuey v United States

The postal rule comes from which case?

Adams v Lindsell

A request for information in not an acceptance following

Stephevson v McLean

Past consideration is not valid consideration following

Roscorla v Thomas

The exceptions for a promise to accept less include; a) a promise for less at an ealier time, b) a promise at a different place or c) a promise for less in a different form following

D & C Builder v Rees

Promissary Estoppel is a shield not a sword

Combe v Combe

Promissory estoppel does not requires new consideration, therefore it is not liked by the courts

True

Existing contractual obligations owed to a third party may be valid consideration for a new promise following

New Zealand Shipping v Satterhwaite

An exception to the rule set out in Roscorla v Thomas was laid out in which case?

Lampleigh v Braithwait

The second requirement for promissory estoppel requires the promisee to have relied on that promise to their detriment following

High trees case

A requirement for promissary estoppel requires

it to be wrong or inequitable for the promisee to retract the promise - D&C Builders v Rees

Third party revocation is where an offer is revoked by someone other than the offoror following

Dickinson v Dodds

silence is not a form of acceptance following

Felthouse v brindley

Parent and child agreements have no intention to create legal relations

Jones v padavatton

commerial contracts where one or more of the parties is a business, there is an intention to create legal relations

Esso petroleum

Offer, acceptance, intetion to create legal relations and consideration.

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