Podcast
Questions and Answers
What does the rule regarding sufficiency of consideration imply?
What does the rule regarding sufficiency of consideration imply?
- Consideration must be equal in value to the promise.
- Consideration must have some value recognized by law. (correct)
- Consideration must benefit the promisor directly.
- Consideration can only be monetary.
Which of the following statements about past consideration is true?
Which of the following statements about past consideration is true?
- Past consideration can be valid under certain conditions. (correct)
- Past consideration can form the basis of a valid promise.
- Past consideration makes the promise voidable.
- Consideration must always be in the future.
In which case was nominal payment deemed sufficient consideration?
In which case was nominal payment deemed sufficient consideration?
- White v Bluett
- Hamer v Sidway
- Chappell v Nestlé
- Thomas v Thomas (correct)
What must consideration do in relation to the promisee?
What must consideration do in relation to the promisee?
Which type of duty does NOT qualify as valid consideration?
Which type of duty does NOT qualify as valid consideration?
Which case illustrates the idea that consideration could be insufficient because it lacks economic value?
Which case illustrates the idea that consideration could be insufficient because it lacks economic value?
What is one of the tests established by the case of Pao On v Lau Yiu Long?
What is one of the tests established by the case of Pao On v Lau Yiu Long?
What does the case of Combe v Combe illustrate regarding consideration?
What does the case of Combe v Combe illustrate regarding consideration?
In which situation would a promise made after the completion of a contract be unenforceable?
In which situation would a promise made after the completion of a contract be unenforceable?
How does the court generally view the adequacy of consideration?
How does the court generally view the adequacy of consideration?
What was the result of the case Hamer v Sidway regarding consideration?
What was the result of the case Hamer v Sidway regarding consideration?
What is a key aspect of the rule that consideration must move from the promisee?
What is a key aspect of the rule that consideration must move from the promisee?
Which of the following best describes the relationship between consideration and gratuitous promises?
Which of the following best describes the relationship between consideration and gratuitous promises?
What is required for economic duress to be established?
What is required for economic duress to be established?
Which case highlighted that confusion, rather than duress, may lead to a settlement?
Which case highlighted that confusion, rather than duress, may lead to a settlement?
Under what circumstances can a buyer cancel a contract for repudiatory breach?
Under what circumstances can a buyer cancel a contract for repudiatory breach?
In the context of undue influence, what must the benefiting party demonstrate?
In the context of undue influence, what must the benefiting party demonstrate?
What does the principle of laches imply in legal claims?
What does the principle of laches imply in legal claims?
What defines a situation as involving undue influence in relation to relationships of trust?
What defines a situation as involving undue influence in relation to relationships of trust?
In the case of Lloyds Bank Ltd v Bundy, what was Bundy's position that led to the ruling of undue influence?
In the case of Lloyds Bank Ltd v Bundy, what was Bundy's position that led to the ruling of undue influence?
What was the ruling regarding the confidentiality agreement in R v Attorney General of England and Wales?
What was the ruling regarding the confidentiality agreement in R v Attorney General of England and Wales?
What is a key aspect of consideration in contracts?
What is a key aspect of consideration in contracts?
In Goodchild v Bradbury, what factor was crucial to finding undue influence?
In Goodchild v Bradbury, what factor was crucial to finding undue influence?
What was a significant factor in the case of North Ocean Shipping Co v Hyundai Construction Co regarding duress?
What was a significant factor in the case of North Ocean Shipping Co v Hyundai Construction Co regarding duress?
What does the principle of constructive notice imply in relation to undue influence?
What does the principle of constructive notice imply in relation to undue influence?
Which statement regarding the burden of proof in undue influence cases is correct?
Which statement regarding the burden of proof in undue influence cases is correct?
What constitutes economic duress according to the legal principles discussed?
What constitutes economic duress according to the legal principles discussed?
Which case illustrates that performing an existing contractual duty does not constitute valid consideration for a promise to pay more?
Which case illustrates that performing an existing contractual duty does not constitute valid consideration for a promise to pay more?
In which situation can performing a duty owed to a third party be considered valid consideration?
In which situation can performing a duty owed to a third party be considered valid consideration?
What is the general rule regarding promises to accept less in payment of a debt?
What is the general rule regarding promises to accept less in payment of a debt?
Which case is an example of a promise to pay more being enforceable due to fresh consideration?
Which case is an example of a promise to pay more being enforceable due to fresh consideration?
Which of the following describes an essence of the doctrine of promissory estoppel?
Which of the following describes an essence of the doctrine of promissory estoppel?
What was the result of the case Williams v Roffey Bros regarding practical benefits?
What was the result of the case Williams v Roffey Bros regarding practical benefits?
What did the case Collins v Godefroy determine about promises to pay witnesses?
What did the case Collins v Godefroy determine about promises to pay witnesses?
Which case involved the principle that part-payment could be valid if different consideration was provided?
Which case involved the principle that part-payment could be valid if different consideration was provided?
How did the outcome of MWB v Rock Advertising influence the interpretation of practical benefit?
How did the outcome of MWB v Rock Advertising influence the interpretation of practical benefit?
What occurred in the case Foakes v Beer concerning the waiver of interest?
What occurred in the case Foakes v Beer concerning the waiver of interest?
In the context of contract law, which of the following best describes 'fresh consideration'?
In the context of contract law, which of the following best describes 'fresh consideration'?
Which principle can be derived from the case Shadwell v Shadwell?
Which principle can be derived from the case Shadwell v Shadwell?
What does the term 'practical benefit' refer to in relation to contractual agreements?
What does the term 'practical benefit' refer to in relation to contractual agreements?
What distinguishes Hartley v Ponsonby from Stilk v Myrick in terms of enforceability of promises?
What distinguishes Hartley v Ponsonby from Stilk v Myrick in terms of enforceability of promises?
What is generally not considered a legally binding arrangement?
What is generally not considered a legally binding arrangement?
In which scenario can the presumption against intention to create legal relations be rebutted in a domestic context?
In which scenario can the presumption against intention to create legal relations be rebutted in a domestic context?
What was a significant factor in the case of Snelling v John Snelling Ltd that influenced the decision on intent to create legal relations?
What was a significant factor in the case of Snelling v John Snelling Ltd that influenced the decision on intent to create legal relations?
What does Parker v Clark illustrate about social or domestic agreements?
What does Parker v Clark illustrate about social or domestic agreements?
Which case highlights the importance of clear language in avoiding legally binding obligations?
Which case highlights the importance of clear language in avoiding legally binding obligations?
What is a key characteristic of an Invitation to Treat (ITT)?
What is a key characteristic of an Invitation to Treat (ITT)?
What happens when a counter-offer is made?
What happens when a counter-offer is made?
What must acceptance of an offer be in order to be valid?
What must acceptance of an offer be in order to be valid?
Which scenario illustrates a situation where there was no intention to create legal relations?
Which scenario illustrates a situation where there was no intention to create legal relations?
What principle does Simpkins v Pays support regarding social arrangements?
What principle does Simpkins v Pays support regarding social arrangements?
What does the case of Blue v Ashley emphasize regarding offers made in casual environments?
What does the case of Blue v Ashley emphasize regarding offers made in casual environments?
Which of the following is NOT a requirement for a valid acceptance of an offer?
Which of the following is NOT a requirement for a valid acceptance of an offer?
What is a distinguishing feature of an offer compared to an Invitation to Treat?
What is a distinguishing feature of an offer compared to an Invitation to Treat?
Which case illustrates that informal promises can be enforceable under specific conditions?
Which case illustrates that informal promises can be enforceable under specific conditions?
What must occur for acceptance to be considered valid?
What must occur for acceptance to be considered valid?
What happens if the offeror specifies a particular method of acceptance?
What happens if the offeror specifies a particular method of acceptance?
What does the contra proferentem rule imply regarding exemption clauses?
What does the contra proferentem rule imply regarding exemption clauses?
When is acceptance by post considered valid?
When is acceptance by post considered valid?
What is the significance of the case of Hyde v Wrench?
What is the significance of the case of Hyde v Wrench?
What requirement must be met for an exemption clause to effectively exclude liability for negligence?
What requirement must be met for an exemption clause to effectively exclude liability for negligence?
Which case established that a person is bound by the terms of a signed contract, even if they have not read it?
Which case established that a person is bound by the terms of a signed contract, even if they have not read it?
How does the postal rule apply to acceptance?
How does the postal rule apply to acceptance?
What does silence generally mean in contract acceptance?
What does silence generally mean in contract acceptance?
In which scenario would actual notice of an exemption clause no longer be required?
In which scenario would actual notice of an exemption clause no longer be required?
What did the case Pharmaceutical Society of GB v Boots establish?
What did the case Pharmaceutical Society of GB v Boots establish?
What does the 'red hand rule' relate to in contract law?
What does the 'red hand rule' relate to in contract law?
In the context of communication of acceptance, what is crucial regarding third parties?
In the context of communication of acceptance, what is crucial regarding third parties?
Which of the following is NOT a principle established regarding exemption clauses?
Which of the following is NOT a principle established regarding exemption clauses?
Under UCTA 1977, what test is applied to determine the reasonableness of an exemption clause?
Under UCTA 1977, what test is applied to determine the reasonableness of an exemption clause?
According to the case Manchester Diocesan Council for Education v Commercial & General Investments Ltd, what happens if an offeree deviates from the prescribed mode of acceptance?
According to the case Manchester Diocesan Council for Education v Commercial & General Investments Ltd, what happens if an offeree deviates from the prescribed mode of acceptance?
What is required for a contract to incorporate an exemption clause through consistent and regular use in past dealings?
What is required for a contract to incorporate an exemption clause through consistent and regular use in past dealings?
What principle does the case Fisher v Bell illustrate regarding invitations to treat?
What principle does the case Fisher v Bell illustrate regarding invitations to treat?
Which of the following is specifically regulated by the Consumer Rights Act 2015?
Which of the following is specifically regulated by the Consumer Rights Act 2015?
What does a counter-offer do in relation to the original offer?
What does a counter-offer do in relation to the original offer?
Which scenario would imply that acceptance is not valid?
Which scenario would imply that acceptance is not valid?
In assessing the reasonableness of an exemption clause, which factor is considered according to George Mitchell Ltd v Finney Lock Seeds Ltd?
In assessing the reasonableness of an exemption clause, which factor is considered according to George Mitchell Ltd v Finney Lock Seeds Ltd?
What is generally required for an offer to be irrevocable?
What is generally required for an offer to be irrevocable?
What does the term 'significant imbalance' refer to in relation to exemption clauses?
What does the term 'significant imbalance' refer to in relation to exemption clauses?
How must clauses that tilt the balance of rights in favor of one party be expressed, according to the concept of good faith?
How must clauses that tilt the balance of rights in favor of one party be expressed, according to the concept of good faith?
According to Canada Steamship Lines v The King, what is a requirement for an exemption clause to exclude liability for negligence?
According to Canada Steamship Lines v The King, what is a requirement for an exemption clause to exclude liability for negligence?
What is the main legal principle illustrated by the case of Dimmock v Hallett?
What is the main legal principle illustrated by the case of Dimmock v Hallett?
In With v O'Flanagan, what created the duty to disclose?
In With v O'Flanagan, what created the duty to disclose?
What was the key factor in the ruling of Horsfall v Thomas regarding fraudulent misrepresentation?
What was the key factor in the ruling of Horsfall v Thomas regarding fraudulent misrepresentation?
In Peek v Gurney, why was the misrepresentation in the prospectus not actionable for the secondary market purchaser?
In Peek v Gurney, why was the misrepresentation in the prospectus not actionable for the secondary market purchaser?
What liability principle does JEB Fasteners v Mark Bloom illustrate regarding reliance on professional work?
What liability principle does JEB Fasteners v Mark Bloom illustrate regarding reliance on professional work?
Which case demonstrates that reliance on one's own investigation rather than seller's representations can negate claims of misrepresentation?
Which case demonstrates that reliance on one's own investigation rather than seller's representations can negate claims of misrepresentation?
What characterizes sales talk or 'puffery' in terms of misrepresentation in legal terms?
What characterizes sales talk or 'puffery' in terms of misrepresentation in legal terms?
Which statement correctly captures the outcome of Dimmock v Hallett regarding the importance of full disclosure?
Which statement correctly captures the outcome of Dimmock v Hallett regarding the importance of full disclosure?
What principle applies when a party conducts their own investigation and is deemed to rely on their judgment rather than the representation?
What principle applies when a party conducts their own investigation and is deemed to rely on their judgment rather than the representation?
In the case of Long v Lloyd, what does the failure to investigate a misrepresentation indicate about reliance?
In the case of Long v Lloyd, what does the failure to investigate a misrepresentation indicate about reliance?
What is the consequence of affirming a contract after discovering a misrepresentation?
What is the consequence of affirming a contract after discovering a misrepresentation?
What is the time limitation related to rescission for innocent misrepresentation as established in Leaf v International Galleries?
What is the time limitation related to rescission for innocent misrepresentation as established in Leaf v International Galleries?
In Smith New Court Securities v Scrimgeour Vickers, what type of losses are recoverable due to fraudulent misrepresentation?
In Smith New Court Securities v Scrimgeour Vickers, what type of losses are recoverable due to fraudulent misrepresentation?
What principle is established regarding economic duress in relation to a party's alternatives?
What principle is established regarding economic duress in relation to a party's alternatives?
Which case involves a situation where a payment made under threat can be deemed voidable?
Which case involves a situation where a payment made under threat can be deemed voidable?
What defines the principle of economic duress regarding the legitimacy of the threat?
What defines the principle of economic duress regarding the legitimacy of the threat?
In CTN Cash and Carry Ltd v Gallaher Ltd, what key factor led to the court's decision regarding economic duress?
In CTN Cash and Carry Ltd v Gallaher Ltd, what key factor led to the court's decision regarding economic duress?
Which of the following is correct about the damages for negligent misrepresentation according to section 2(1) of the Misrepresentation Act 1967?
Which of the following is correct about the damages for negligent misrepresentation according to section 2(1) of the Misrepresentation Act 1967?
Which of the following factors can lead to rescission being lost?
Which of the following factors can lead to rescission being lost?
What is true about innocent misrepresentation according to section 2(2) of the Misrepresentation Act 1967?
What is true about innocent misrepresentation according to section 2(2) of the Misrepresentation Act 1967?
In Kolmar Group AG v Traxpo Enterprises, what was considered when determining the legitimacy of threats?
In Kolmar Group AG v Traxpo Enterprises, what was considered when determining the legitimacy of threats?
What is a key requirement for a promise to be actionable under promissory estoppel?
What is a key requirement for a promise to be actionable under promissory estoppel?
In the case of D & C Builders v Rees, what was the key finding regarding promissory estoppel?
In the case of D & C Builders v Rees, what was the key finding regarding promissory estoppel?
What does promissory estoppel primarily act as in legal terms?
What does promissory estoppel primarily act as in legal terms?
Which case exemplifies the principle that negotiations over a lease can lead to estoppel?
Which case exemplifies the principle that negotiations over a lease can lead to estoppel?
What is a common outcome for exemption clauses in contracts?
What is a common outcome for exemption clauses in contracts?
Which principle did Lord Hoffmann emphasize regarding contractual interpretation?
Which principle did Lord Hoffmann emphasize regarding contractual interpretation?
Which case indicated that detrimental reliance is not essential for establishing estoppel?
Which case indicated that detrimental reliance is not essential for establishing estoppel?
What is a primary limitation of promissory estoppel?
What is a primary limitation of promissory estoppel?
What is a significant aspect in assessing exemption clauses?
What is a significant aspect in assessing exemption clauses?
Which of the following correctly describes a characteristic of consideration in contract modification?
Which of the following correctly describes a characteristic of consideration in contract modification?
How does the modern approach to contractual interpretation differ from the old approach?
How does the modern approach to contractual interpretation differ from the old approach?
What does the 'red hand rule' pertain to in the context of exemption clauses?
What does the 'red hand rule' pertain to in the context of exemption clauses?
Which principle suggests that wording in a contract should reflect its natural and ordinary meaning?
Which principle suggests that wording in a contract should reflect its natural and ordinary meaning?
Which of the following illustrates how prior dealings can affect the incorporation of exemption clauses?
Which of the following illustrates how prior dealings can affect the incorporation of exemption clauses?
What is the intention to create legal relations (ITCLR) in contract law?
What is the intention to create legal relations (ITCLR) in contract law?
Which presumption applies to agreements made in business or commercial contexts?
Which presumption applies to agreements made in business or commercial contexts?
What happens if a court determines that there was no intention to create legal relations?
What happens if a court determines that there was no intention to create legal relations?
In the Balfour v Balfour case, why did the court rule there was no enforceable contract?
In the Balfour v Balfour case, why did the court rule there was no enforceable contract?
What factor can help rebut the presumption against ITCLR in domestic agreements?
What factor can help rebut the presumption against ITCLR in domestic agreements?
In the case of Jones v Padavatton, why was the mother's promise not enforceable?
In the case of Jones v Padavatton, why was the mother's promise not enforceable?
What distinguishes Merritt v Merritt from Balfour v Balfour?
What distinguishes Merritt v Merritt from Balfour v Balfour?
What is one consequence of establishing ITCLR within an agreement?
What is one consequence of establishing ITCLR within an agreement?
Which factor would NOT typically be considered in assessing ITCLR?
Which factor would NOT typically be considered in assessing ITCLR?
What did the case of Lens v Devonshire Club highlight regarding social agreements?
What did the case of Lens v Devonshire Club highlight regarding social agreements?
How can the objective assessment of ITCLR differ from subjective intent?
How can the objective assessment of ITCLR differ from subjective intent?
Which of the following is a core principle regarding domestic agreements?
Which of the following is a core principle regarding domestic agreements?
What is the main reason courts hesitate to treat domestic agreements as legally binding?
What is the main reason courts hesitate to treat domestic agreements as legally binding?
What role do rebuttable presumptions serve in assessing ITCLR?
What role do rebuttable presumptions serve in assessing ITCLR?
What was the ruling in the case of Selectmove concerning the promise of future tax payments?
What was the ruling in the case of Selectmove concerning the promise of future tax payments?
In the case of The Brimnes, when does acceptance take place according to the court's determination?
In the case of The Brimnes, when does acceptance take place according to the court's determination?
Which statement is true about the revocation of offers based on Routledge v Grant?
Which statement is true about the revocation of offers based on Routledge v Grant?
What principle was established in the case Adams v Lindsell regarding acceptance through post?
What principle was established in the case Adams v Lindsell regarding acceptance through post?
What did the court determine in Dickinson v Dodds regarding the effectiveness of revocation?
What did the court determine in Dickinson v Dodds regarding the effectiveness of revocation?
In the case of Byrne & Co v Van Tien Hoven & Co, what was the ruling regarding the revocation of an offer and its timing?
In the case of Byrne & Co v Van Tien Hoven & Co, what was the ruling regarding the revocation of an offer and its timing?
Which of the following is true regarding the concept of office hours in Thomas v BPE Solicitors?
Which of the following is true regarding the concept of office hours in Thomas v BPE Solicitors?
In the case of Household Fire Insurance v Grant, why did the court rule in favor of the claimant?
In the case of Household Fire Insurance v Grant, why did the court rule in favor of the claimant?
What conclusion did Brinkibon v Stahag Stahl reach regarding the jurisdiction of contract formation?
What conclusion did Brinkibon v Stahag Stahl reach regarding the jurisdiction of contract formation?
Which principle does Henthorn v Fraser clarify about the postal rule?
Which principle does Henthorn v Fraser clarify about the postal rule?
What does the term 'meeting of minds' refer to in contract law?
What does the term 'meeting of minds' refer to in contract law?
What was the main finding in the case of Rust v Abbey Life Assurance?
What was the main finding in the case of Rust v Abbey Life Assurance?
Which aspect of the postal rule was significant in the case of Henthorn v Fraser?
Which aspect of the postal rule was significant in the case of Henthorn v Fraser?
In Dickinson v Dodds, what led to the court's decision regarding revocation?
In Dickinson v Dodds, what led to the court's decision regarding revocation?
What confusion arose regarding the communications in the case of Brimnes?
What confusion arose regarding the communications in the case of Brimnes?
Flashcards
Half-truth
Half-truth
A statement that is only partially true, deliberately omitting crucial facts, which can mislead the other party.
Puffery
Puffery
Statements made during negotiations that are not considered legally binding promises or representations of fact. Examples include exaggerated claims or general opinions.
Duty to Disclose
Duty to Disclose
A duty to disclose information arises when circumstances surrounding a previous statement change significantly, rendering it misleading.
Concealment of Patent Defects
Concealment of Patent Defects
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Intended Audience
Intended Audience
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Reliance on Professional Advice
Reliance on Professional Advice
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Independent Investigation
Independent Investigation
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Misrepresentation
Misrepresentation
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Redgrave v Hurd Principle
Redgrave v Hurd Principle
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Long v Lloyd Principle
Long v Lloyd Principle
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Affirmation of Contract
Affirmation of Contract
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Time Limit for Rescission
Time Limit for Rescission
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Measure of Damages in Deceit
Measure of Damages in Deceit
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Damages for Fraudulent Misrepresentation
Damages for Fraudulent Misrepresentation
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Damages under Misrepresentation Act 1967
Damages under Misrepresentation Act 1967
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Economic Duress
Economic Duress
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Requirement for Economic Duress
Requirement for Economic Duress
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Voidable Contract Variation
Voidable Contract Variation
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Voidable Payment under Duress
Voidable Payment under Duress
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Trade Union Immunity
Trade Union Immunity
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Illegitimate Threat to Breach Contract
Illegitimate Threat to Breach Contract
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Elements of Economic Duress
Elements of Economic Duress
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Lawful Pressure and Duress
Lawful Pressure and Duress
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Consideration
Consideration
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Sufficient vs Adequate
Sufficient vs Adequate
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Past Consideration
Past Consideration
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Consideration Must Move From the Promisee
Consideration Must Move From the Promisee
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Pre-Existing Duty
Pre-Existing Duty
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Chappell v Nestlé
Chappell v Nestlé
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Thomas v Thomas
Thomas v Thomas
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White v Bluett
White v Bluett
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Hamer v Sidway
Hamer v Sidway
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Horton v Horton
Horton v Horton
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Re McArdle
Re McArdle
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Roscorla v Thomas
Roscorla v Thomas
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Pao On v Lau Yiu Long
Pao On v Lau Yiu Long
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Lampleigh v Braithwait
Lampleigh v Braithwait
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Re Casey's Patents
Re Casey's Patents
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Clear and Unequivocal Promise
Clear and Unequivocal Promise
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Reliance
Reliance
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Inequity
Inequity
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Not a Sword
Not a Sword
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Suspends Rights
Suspends Rights
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Hughes v Metropolitan Railway Co
Hughes v Metropolitan Railway Co
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Combe v Combe
Combe v Combe
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D & C Builders v Rees
D & C Builders v Rees
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Collier v P & MJ Wright
Collier v P & MJ Wright
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The Post Chaser
The Post Chaser
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Objective Intention
Objective Intention
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Old Approach
Old Approach
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Modern Approach
Modern Approach
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Investors Compensation Scheme Ltd. v West Bromwich Building Society
Investors Compensation Scheme Ltd. v West Bromwich Building Society
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Lord Hoffmann's Five Principles
Lord Hoffmann's Five Principles
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Collins v Godefroy (1831)
Collins v Godefroy (1831)
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Glasbrook Brothers Ltd. v Glamorgan County Council (UKHL 3)
Glasbrook Brothers Ltd. v Glamorgan County Council (UKHL 3)
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Stilk v Myrick (1809)
Stilk v Myrick (1809)
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Hartley v Ponsonby (1857)
Hartley v Ponsonby (1857)
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Shadwell v Shadwell, Scotson v Pegg, Eurymedon
Shadwell v Shadwell, Scotson v Pegg, Eurymedon
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Type A: Promises to Pay More
Type A: Promises to Pay More
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Exception 1: Fresh Consideration
Exception 1: Fresh Consideration
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Exception 2: Practical Benefit
Exception 2: Practical Benefit
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Williams v Roffey Bros. (1989)
Williams v Roffey Bros. (1989)
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Type B: Promises to Accept Less
Type B: Promises to Accept Less
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Exception 1: Something Different
Exception 1: Something Different
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Exception 2: Practical Benefit (Unclear)
Exception 2: Practical Benefit (Unclear)
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Promissory Estoppel
Promissory Estoppel
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Central London Property Trust v High Trees House (1947)
Central London Property Trust v High Trees House (1947)
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Exemption Clause
Exemption Clause
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Contra Proferentem Rule
Contra Proferentem Rule
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Liability for Negligence
Liability for Negligence
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L'Estrange v Graucob
L'Estrange v Graucob
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Thornton v Shoe Lane Parking
Thornton v Shoe Lane Parking
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Parker v South Eastern Railway
Parker v South Eastern Railway
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Interfoto Picture Library v Stiletto
Interfoto Picture Library v Stiletto
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McCutcheon v David MacBrayne
McCutcheon v David MacBrayne
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Incorporation
Incorporation
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Construction
Construction
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Reasonableness Test
Reasonableness Test
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UCTA 1977
UCTA 1977
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CRA 2015
CRA 2015
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Trader
Trader
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Consumer
Consumer
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Repudiatory Breach
Repudiatory Breach
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Pressure Based on Misunderstanding
Pressure Based on Misunderstanding
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Undue Influence
Undue Influence
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Laches
Laches
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Acquiescence
Acquiescence
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Fiduciary Relationship
Fiduciary Relationship
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Conflict of Interest
Conflict of Interest
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Duress: Threat of Lawful Actions
Duress: Threat of Lawful Actions
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Rebutting the Presumption of Undue Influence
Rebutting the Presumption of Undue Influence
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Consideration (in Contracts)
Consideration (in Contracts)
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Undue Influence: Spousal Consent
Undue Influence: Spousal Consent
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Presumption of Undue Influence: Vulnerable Donor
Presumption of Undue Influence: Vulnerable Donor
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Lack of Independent Legal Advice
Lack of Independent Legal Advice
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Constructive Notice
Constructive Notice
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Communication of Acceptance: General Rule
Communication of Acceptance: General Rule
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Acceptance: Prescribed Mode
Acceptance: Prescribed Mode
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Acceptance: Silence
Acceptance: Silence
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Acceptance: Authorised Third Party
Acceptance: Authorised Third Party
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Instantaneous Communications: Receipt Rule
Instantaneous Communications: Receipt Rule
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Acceptance: Time of Receipt
Acceptance: Time of Receipt
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Acceptance: No Universal Rule
Acceptance: No Universal Rule
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Postal Rule
Postal Rule
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Ousting the Postal Rule
Ousting the Postal Rule
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Revocation of Offer
Revocation of Offer
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Revocation Exceptions: Consideration for Option
Revocation Exceptions: Consideration for Option
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Revocation Exceptions: Revocation by a Reliable Third Party
Revocation Exceptions: Revocation by a Reliable Third Party
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Invitation to Treat (ITT)
Invitation to Treat (ITT)
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Counter-Offer
Counter-Offer
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Intention to Create Legal Relations (ITCLR)
Intention to Create Legal Relations (ITCLR)
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Objective Assessment of ITCLR
Objective Assessment of ITCLR
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Presumptions in ITCLR
Presumptions in ITCLR
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Social and Domestic Agreements in ITCLR
Social and Domestic Agreements in ITCLR
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Commercial Agreements in ITCLR
Commercial Agreements in ITCLR
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Rebutting Presumptions in ITCLR
Rebutting Presumptions in ITCLR
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Factors Rebutting Presumptions in ITCLR
Factors Rebutting Presumptions in ITCLR
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Consequences of ITCLR: Enforceable Agreement
Consequences of ITCLR: Enforceable Agreement
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Consequences of ITCLR: No Enforceable Agreement
Consequences of ITCLR: No Enforceable Agreement
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Balfour v Balfour
Balfour v Balfour
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Merritt v Merritt
Merritt v Merritt
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Jones v Padavatton
Jones v Padavatton
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Lens v Devonshire Club
Lens v Devonshire Club
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Office of Fair Trading v Abbey National plc UKSC 6
Office of Fair Trading v Abbey National plc UKSC 6
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Presumption against ITCLR in Social/Domestic Settings
Presumption against ITCLR in Social/Domestic Settings
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Presumption in favor of ITCLR in Commercial Settings
Presumption in favor of ITCLR in Commercial Settings
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Family Business Agreements and ITCLR
Family Business Agreements and ITCLR
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Honourable Pledge Clause
Honourable Pledge Clause
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Reliance and Detriment in Social Agreements
Reliance and Detriment in Social Agreements
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ITCLR in Social Statements with Vague Language
ITCLR in Social Statements with Vague Language
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Offer
Offer
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Request for Information
Request for Information
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Acceptance
Acceptance
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Snelling v John Snelling Ltd
Snelling v John Snelling Ltd
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Parker v Clark
Parker v Clark
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Simpkins v Pays
Simpkins v Pays
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Acceptance of Offer by Telex
Acceptance of Offer by Telex
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Postal Rule Exceptions
Postal Rule Exceptions
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The Postal Rule
The Postal Rule
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Revocation by Third Party
Revocation by Third Party
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Promise to Pay Taxes as Consideration
Promise to Pay Taxes as Consideration
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Determining Office Hours for Acceptance
Determining Office Hours for Acceptance
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Acceptance by Electronic Communication
Acceptance by Electronic Communication
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Contract Formation by Telex
Contract Formation by Telex
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Sufficient vs Adequate Consideration
Sufficient vs Adequate Consideration
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Existing Duty Consideration
Existing Duty Consideration
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Study Notes
Misrepresentation Cases
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Dimmock v Hallett (1866): A seller advertised land as "fertile and improvable," and currently let to tenants, implying income. However, they didn't disclose that tenants had given notice to leave. This is a half-truth, a form of misrepresentation. "Puffery" (sales talk) isn't usually a factual statement.
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With v O'Flanagan: The income of a medical practice was accurately reported initially but drastically declined before the sale. The seller didn't disclose this change, creating a duty to disclose the changing circumstances.
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Horsfall v Thomas (1862): A buyer didn't inspect a gun before purchase. If he had, he'd have discovered a fault. Concealing a patent defect doesn't amount to misrepresentation if the other party fails to inspect.
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Peek v Gurney (1873): Company directors issued a misleading prospectus to attract initial investors for shares. The claimant bought shares later, but the misrepresentation wasn't intended for secondary market purchasers; therefore, the claimant couldn't sue.
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JEB Fasteners v Mark Bloom: A professional's liability hinges on the claimant relying on the professional's work. If the claimant would have acted the same regardless, no claim exists. In this case, the audited accounts had errors, but JEB still used them, despite knowing.
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Attwood v Small: A buyer conducted their own investigations and verified the accuracy of the seller's representations. This reliance on independent investigation diminishes reliance on the seller's statements.
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Redgrave v Hurd: A solicitor selling his practice misrepresented his income. The buyer failed to examine documents. Failure to investigate does not negate reliance on the representation, and there's no duty to investigate.
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Long v Lloyd: The buyer purchased a lorry with misrepresentations about its condition, speed, and fuel efficiency. The buyer accepted a repair at half price after the lorry broke down; by then, the buyer affirmed the contract and lost the right to rescind.
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Leaf v International Galleries: A painting was falsely claimed to be by a famous artist. The buyer sued five years later. An unreasonable delay in seeking rescission after discovering the misrepresentation bars the claim.
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Doyle v Olby: A business sale was fraudulently misrepresented; damages compensated the claimant for all losses—direct and consequential—directly resulting from the fraud.
Further Misrepresentation Points
- Rescission: Setting aside the contract, restoring parties to pre-contract positions. It can be lost through affirmation, delay, impossibility, or rights of third parties.
- Damages: Financial compensation for injury.
- Fraudulent Misrepresentation: All direct losses recoverable.
- Negligent Misrepresentation: Measured as if fraudulent.
- Innocent Misrepresentation: Damages may be awarded in lieu of rescission.
Duress and Undue Influence
- Universal Tankships v. International Transport Workers Federation: Unlawful threats and a lack of reasonable alternatives made a contract variation voidable. Economic duress occurred.
- DSND Subsea Ltd v. Petroleum Geo-Services: A threat to send an empty trailer, exploiting financial pressure, exerted illegitimate pressure, making a contract variation voidable.
- The Atlantic Baron: Payment made under duress can be voidable. Unions aren't liable for action related solely to employment terms.
- Kolmar Group AG v Traxpo Enterprises Pvt Ltd: Exploiting another party's urgent need and lack of alternatives when threatening to breach a contract is illegitimate duress.
- CTN Cash and Carry Ltd v Gallaher Ltd: Lawful pressure is not necessarily duress, especially when the pressure is exerted in good faith.
- Pakistan International Airlines Corp v Times Travel (UK): Lawful pressure, conducted in good faith, is not duress.
- Huyton SA v Peter Cremer GmbH & Co: A seller's error, not duress, influenced a settlement, as the buyer could cancel for a repudiatory breach.
- Pao On v Lau Yiu Long: Commercial pressure alone does not constitute duress or undue influence. Illegitimate coercion is needed.
- North Ocean Shipping Co v Hyundai Construction Co (The Atlantic Baron): Delayed action affirms the contract, barring rescission for economic duress.
- Allcard v Skinner: A gift made under undue influence can be set aside, but undue delay may bar the claim.
- Lloyds Bank Ltd v Bundy: A presumption of undue influence arose in a relationship of trust and reliance, which the bank failed to rebut.
- R v Attorney General of England and Wales: Threats of lawful actions aren't duress unless they force unlawful actions. No undue influence or lack of consideration for the contract.
- Goodchild v Bradbury: Gift from an elderly donor was set aside due to a presumption of undue influence, as the transaction was unusual. Lack of independent legal advice strengthened the presumption.
- Barclays Bank Plc v O'Brien: The wife’s consent was invalidated due to undue influence and misrepresentation by the husband, as the bank had constructive knowledge of the situation.
Consideration
- Consideration: Something of value exchanged for a promise, turning a gratuitous promise into a legally binding obligation, not necessarily fair (adequate).
- Sufficient but Not Adequate: Consideration must have some value, but the court won't assess its fairness.
- Past Consideration is Insufficient: Promises made after a service is performed are generally unenforceable.
- Pao On v Lau Yiu Long: Exceptions to the past consideration rule. The prior request for the act and an implied promise of remuneration are prerequisites for valid past consideration.
- Consideration Must Move From the Promisee: The promisee must provide consideration, not a third party, although the benefit to the promisor isn't essential.
- Performance of Pre-existing Duty: Performing a pre-existing duty isn't valid consideration.
Modification Promises and Promissory Estoppel
- Modification Promises:
- Promises to Pay More: Performing the existing duty isn't consideration. Fresh consideration is needed except for "practical benefit."
- Stilk v Myrick: Sailors promised more pay but not enforceable; their existing duty was sufficient.
- Hartley v Ponsonby: Sailors took over a much more dangerous task; their new obligation was enforceable.
- Williams v Roffey Bros: The court found new consideration in a contractor's promise for practical benefits.
- Williams v Roffey Criteria: A pre existing contract, doubt about completion, additional payment, practical benefit for promisor, absence of duress, valid consideration.
- Promises to Accept Less: Part payment isn't consideration.
- Foakes v Beer: Part payment of a debt wasn't sufficient consideration.
- Practical Benefit: An unclear exception to part payment, potentially allowing it if practical benefit is gained.
- Promissory Estoppel: Prevents a party from going back on a promise. Parties' reliance and inequity are essential components.
- Central London Property Trust v High Trees House: Promissory estoppel allows suspension, not extinguishment, of existing rights.
Contractual Interpretation
- Objective Intention: Courts focus on the reasonable meaning of a contract's terms to parties. Literal interpretation now considered less relevant; instead, surrounding circumstances (context and purpose) are paramount.
- Lord Hoffmann's Five Principles: These principles guide the contextual approach to contract language.
- Commercial Common Sense: Contracts should generally be interpreted with commercial logic and good faith, as per the circumstances of the parties' interaction.
Exemption Clauses
- Incorporation: Exemption clause is valid in various ways: signed contracts, notice at the time of contracting, or prior conduct/custom.
- Construction: Ambiguity is interpreted against the party seeking to rely on the clause (contra proferentem). Clear language required to exclude liability for negligence.
- UCTA 1977 and CRA 2015: Important legislation regulating specific exemption clause limitations.
Intention to Create Legal Relations (ITCLR)
- ITCLR: Agreements that the parties intended to be legally binding and enforceable.
- Objective Test: Courts consider actions, words, and overall context, not subjective intentions to assess ITCLR.
- Presumptions: Domestic or social agreements presumed to lack ITCLR; commercial agreements presumed to have ITCLR. Presumptions can be rebutted with evidence.
- Rebutting Factors: Parties' relationship, agreement's subject matter/impact (value), surrounding circumstances (language, conduct).
- Cases Illustrated: Cases like Balfour v Balfour, Merritt v Merritt, and Jones v Padavatton illustrate presumption and rebuttal.
- Specific Cases: Examine ITCLR application in Lens v Devonshire Club, Snelling v John Snelling Ltd, Parker v Clark, Simpkins v Pays, Edwards v Skyways, Rose and Frank Co v JR Crompton and Bros Ltd, Blue v Ashley, and Saddler v Reynolds for further details.
Offer, Acceptance, and Contract Formation
- Offer: A clear expression of intent to be legally bound on specific terms, capable of acceptance.
- Acceptance: Unqualified agreement to the terms of an offer; requires matching the offer without conditions.
- Communication: Acceptance must be communicated to be valid. Exceptions: prescribed mode, authorized third party, postal rule.
- Revocation: Offer can be revoked before acceptance but conditions apply.
- Counter Offer: Modifies the terms of an offer, thus rejecting the original.
- Cases Illustrated: Cases like Harvey v Facey, Hyde v Wrench, Stevenson, Jacques v McLean, and Butler Machine Tool Co Ltd. v Ex-Cell-O Corp (England) Ltd. are examples of offer and acceptance concepts.
- Distinguishing ITT: Invitations to treat are expressions of willingness to receive offers.
- Postal Rule: Acceptance is valid upon posting.
- Case Examples for ITT: Gibson v Manchester City Council, Partridge v Crittenden, Fisher v Bell, and Pharmaceutical Society of GB v Boots clarify different situations.
- Case Examples for Acceptance: Manchester Diocesan Council for Education v Commercial & General Investments Ltd, Powell v Lee, Felthouse v Bindley, distinguish various instances.
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Description
This quiz covers landmark cases related to misrepresentation in law. You will explore various scenarios including Dimmock v Hallett and Horsfall v Thomas, emphasizing the importance of truthful representation in sales and agreements. Test your knowledge on the nuances of legal misrepresentation principles.
