Agreement

Is there a contract?

State the three elements

agreement

intention to create legal relations

Concideration

Objective Smith V Hughes

Commerical agreements - presumtion there is intention Edwards v Skyways

Family Agreements - presumption is no intention Belfour v Belfour

rebuttable Merritt v Merritt

rebuttable with specific wording Rose and Frank Co v Crompton Bros

is there an offer?

is there acceptance?

define: 'expression of willingness to contract on certain terms, made with intention that it shall become binding as soon as accepted by person to whom adressed' (Treitel, Law of Contract, confirmed in Allied Marine Transport v Vale do Rio Doce Navegacao SA (The Leonidas). )

distinguish invitation to treat - no intention to be bound

self-service display in shop Pharmacuitcal Society of GB v Boots Cash Chemists

goods on display Fisher v Bell

tenders Spencer v Harding unless unilaterial contract, then it is an offer Harvela Investments Ltd v Royal Trust Company of Canada

advisertisements

offering reward Williams v Crittenden

unilateral contract - acceptance need not be communicated Carlill v Carbolic Smoke Ball Co

autcions

WITH reserve price s57 Sale of Goods Act 1979 - contract formed once autioneer (as agent) completes sale

withOUT reserve Barry v Davies unilateral contract

define: 'uncondiational expression of assent to terms of offer'

Must be communicated

general rule must be commincated by:

offeree Entores v Miles Far East Corp ltd

authourised agent Powell v Lee

Exeptions to general rule

unilateral contract Carlill v Carbolic Smoke Ball Co

if the contract states that silence constitutes acceptance, silence cannot constitute acceptance Felthouse v Bindley unless no reason for offeree not to bind themselves Re Selectmove Ltd

Acceptance or counter offer?

counter offer implied rejection Hyde v Wrench

questions about an offer not rejection Stevenson Jaques & Co v McLean

Battle of the forms

following an exchange of incompatiable terms by the parties, performance of the contract (e.g. delivery of product) maight be taken to be acceptance of the 'last shot' Brogden v Metropolitan Railway Co

Butler Machine Tool Co ltd v Ex-Cell-O Corp not true battle of the forms, but an exchange of incompatiable terms. Claimant's offer countained clause that it's terms would prevail, defendant sent acceptance but with amended termcounter-offer, claimant sent a further acceptance providing its terms prevail

Postal Rule Adams v Lindsell