Contract. Key Cases and There Uses.

Key Cases and their uses; OFFER and ACCEPTANCE

Adams v Lindsell (1818) 1 B & ALD 681
Illustrates the operation of the postal rule’ of acceptance

Carlill v Carbolic Smokeball Co Ltd [1893] 1 QB 256
Illustrates an example of a unilateral offer

Confetti Records v Warner Music UK Ltd [2003] EWCA Civ 1748
Subject to contract could give rise to an implied offer

Entores Ltd v Miles Far East Corporation [1955] 2 QB 327
‘Postal rule’ has limited application to modern communications technology

Errington v Errington & Woods [1912] 1 KB 290
Unilateral offers cannot be revoked once performance has begun

Felthouse v Bindley (1863) 11 CB (NS) 869
Silence does not amount to an acceptance

Fisher v Bell [1961] 1 QB 394
Display of goods in a shop window is an invitation to treat

Inland Revenue Commissioners v Fry [2001] STC 1715
Illustrates when the presumption of acceptance can be rebutted

Manatee Towing Co v Oceanbulk Maritime SA, The Bay Bridge [1999] 2 ALL ER (Comm) 306
Gives an illustration of what may constitute an acceptance

New Zealand Shipping Co Ltd v A M Satterthwaithe & Co Ltd, The Eurymedon [1975] AC 154
The exact stages of offer and acceptance are sometimes difficult to pin-point

Partridge v Crittenden [1968] 2 ALL ER 421
Advertisements are generally considered as an invitation to treat

Pharmaceutical Society of Great Britain v Botts Cash Chemists (Southern) Ltd [1953] 1 ALL ER 482
Display of goods is an invitation to treat

Ramsgate Victoria Hotel Co v Montefiore (1866) LR 1 Ex Ch 109
An offer lapses at the expiry of a reasonable time

Routledge v Grant (1828) 4 Bing 653
Offer can be revoked at any time by the offeror before it is accepted

Will post more when found. Will be including other Cases on other subjects if you feel they are helpful.

Key Statute, Cases and their uses; CONSIDERATION

Central London Property Trust Ltd v High Trees House Ltd [1947] 1 KB 130 Established the equitable doctrine of 'promissory estoppel'

Currie v Misa (1875) LR 10 Exch 153
Defines consideration

Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Expanded the definition by emphasising the element of exchange

Pao On v Lau Yiu Long [1980] AC 614
An exception to the 'past consideration' rule

Pinnel's Case (1602) 5 Co Rep 117 A
Part payment cannot discharge the obligation to pay the whole debt

Re McArdle [1951] Ch 669
Past consideration is not good consideration

Re Selectmove Ltd [1955] 1 WLR 474
Reaffirmed the principle enunciated in Pinnel's Case

Thomas v Thomas (1842) 11 LJ QB 104
Consideration need not be adequate so long as it is sufficient

Tweddle V Atkinson (1861) 1 B & S 393
Consideration must move from the promise

Williams v Roffey Bros & Nicholls (Contractors) Ltd [1990] 2 WLR 1153
The gaining of an extra benefit may constitute fresh consideration

Contracts (Rights of Third Parties) Act 1999 - alters the rule that consideration must move from the promisee as the Act gives rights to third parties to enforce contracts if they can be identified as having sufficient interest in the contract

Key Cases and statutes;CERTAINTY AND FORM OF THE CONTRACT

Actionstrength Ltd v International Glass Engineering IN GL EN SpA [2003] 2 ALL ER 615
Reaffirmed the requirement of a written agreement in specific areas for there to be an element of enforceability

Cargill International SA and Another v Bangladesh Sugar and Food Industries Corporation [1996] 4 ALL ER 563
The court may, if required, at times interpret particular words, clauses or phrases to give efficacy to the contract

Punjab National Bank v De Boinville [1992] 1 WLR 1138
Court may set wide terms and hold the contract valid

Scammel & Nephew v Ouston [1941] AC 251
Vague phrases must be given a definite meaning

Bills of Exchange Act 1882,Consumer Credit Act 1974, Marine Insurance Act 1906 - contracts governed by these Acts must be in written form

Statute of Frauds 1677 - certain contracts must be in writing for them to be legally enforeable

Key Cases and Statutes CONTENTS OF THE CONTRACT

Bank of Credit & Commerce International SA v Ali [2001] WLR 735
House of Lords considered and applied implied terms in interpreting the contract

Bannermann v White (1861) 10 CBNS 844
A distinction must be made between terms and mere representation

Birch v Paramount Estates (1956) 167 EG 196
Intention and knowledge of parties is important in deciding whether a staement is intended as a term

Coslett (Contractors) Ltd, Re [1996] 3 WLR 299
Provides an illustration of how the courts construe a contractual condition

Equitable Life Assurance Society v Hyman [2000] 3 WLR 529
House of Lords considered and implied terms in interpreting the contract

Hongkong Fir Shipping Co Ltd v Kawasaki Kishen Kaisha [1962] 2 QB 26
A third category, innominate terms, was devised by the Court of Appeal

Sale of Goods Act 1979 ( as amended by the Sale and Supply of Goods Act 1994) - statutory implied terms are identified as conditions or warranties in the statute itself

Supply of Goods and services Act 1982 - implies certain terms which parties to a contract may rely on

Key Cases and Statutes MISREPRESENTATION

Bisset v Wilkinson [1927] AC 177
Mere opinions are not actionable

Chaudry v Prabhakar [1988] 3 ALL ER 718
Expert opinions, if relied upon, are actionable

Clef Aquitaine Sarl v Laporte Materials (barrow) Ltd [2001] QB 488
Measure of damages for fraudulent misrepresentation was considered by the Court of Appeal

Derry v Peek (1889) 14 App Cas 337
Illustrates when a fraudlulent misrepresentation arises

Edington v Fitzmaurice (1885) 29 Ch D 459
There must be a false statment of fact present

Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
Illustrates when a negligent misstatement arises

Museprime Properties Ltd v Adhill Properties Ltd [1990] 36 EG 114
The misrepresentation must have induced the contract

Watts v Spence [1975] Ch 165
Illustrates when an innocent misrepresentation arises

Misrepresentation Act 1967 - Introduced statutory remedies which were previously difficult to obtain at common law

Key Cases and Statutes EXCLUSION CLAUSES

Chapleton v Barry Urban District Council [1940] 1 KB 532
Exclusion clause in a document may be valid if the document itself is contractual

Director General of Fair Trading v First National Bank plc [2002] 1 ALL ER 97
House of Lords used the Unfair Terms in Consumer Contracts Regulations 1999 in deciding the issue of fairness

Houghton v Trafalgar Insurance [1954] 1 QB 247
If a clause is vague or uncertain, the 'contra proferentum' rule will apply

Interfoto Picture Library Ltd v StIlleto Visual Programmes Ltd [1988] 1 ALL ER 348
Notice of exclusion clauses must be conspicuous and clear

McCutcheon v David MacBrayne [1964] 1 WLR 125
Previous dealings between parties may be tantamount to sufficient notice

O'Brien v MGN Ltd [2002] CLC 331
Considered the issue of incorporation by way of a notice in a document

Olley v Marlborough Court [1949] 1 KB 532
Terms or exclusion clauses must be incorporated before the contract is finalised or at the time it is signed

Paragon Finance plc v Nash [2002] 1 WLR 685
Illustrates how the court determines whether a term is fair or unfair

Unfair Contract Terms Act 1977 - governs terns or clauses that seek to exclude or limit liability

Unfair Terms in Consumer Contracts Regulations 1999 - provide an indicative and non-exhaustive list of what may be considered as unfair

Reply 1

litispendence

Interesting, thanks. I've got to start my contract module in a couple of weeks. It looks nowhere near as interesting as torts, homocide and non fatal offences but I hope I'm wrong.

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