GDL University of Law - CONTRACT
- Full Revision Notes 2023-2024 AGRADED
Contents
Contents 1
WS1 Agreement & Contractual Intentions 2
WS2
... [Show More] Consideration 5
WS 3 Contents of a Contract & Exemption Clauses 8
WS4 Remedies for Breach of Contract - Damages 11
WS5 Termination & Remedies 14
WS6 Frustration & Contractual Certainty 17
WS7 False Preliminary Statements 19
WS8 Duress 22
WS9 Undue Influence 23
WS1 Agreement & Contractual Intentions
Offer
- Offer defined by Prof Treital as ‘an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted’.
- Smith v Hughes: Courts use primarily objective test to decide if agreement has been made, considering what a reasonable person would have thought.
- Allied Marine Transport v The Leonidas: while test is primarily objective as to offeror’s conduct, court ruled that the offeree must believe that the offeror actually intended to make an offer (subjective).
Invitation to Treat
- A preliminary statement which invites negotiation.
- Pharmaceutical Society of Great Britain v Boots Cash Chemists and Fisher v Bell: Goods on display in supermarkets and self-service shops are regarded as invitations to treat, not offers. Customer offers to buy the goods when he presents them at the payment point.
- Partridge v Crittenden: Adverts are generally considered invitations to treat
- Williams v Carwadine: Adverts involving a reward are offers, as there is an intention to be bound by the reward as soon as the information is given
- Carlill v Carbolic Smoke Ball: Advertisements constitute an offer to the world if there is a clear intention to be bound
- Requests for tenders are usually invitations to treat but there are exceptions to this.
- Harvela Investments Ltd v Royal Trust Company of Canada Ltd: parties invited to tender (i.e. put in offers) for shares and were promised that the highest bid/offer would be accepted. This was held to be an offer of unilateral contract to sell to highest bidder.
- Blackpool & Fylde Aero Club v Blackpool Borough [Show Less]