Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037. The document also includes supporting commentary from author Nicola Jackson.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037. The document also includes supporting commentary from author Nicola Jackson.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the essential features of a contract. Offer and acceptance are the first stages in establishing an agreement that may form a legally binding contract. An offer may be accepted at any point until it is terminated. Acceptance can only be made by the offeree or their agent. Consideration is the bargain element of a contract and may be referred to as the ‘price of a promise’. The parties must intend for an agreement to establish legal relations to create an enforceable contract. Presumptions exist in relation to social/domestic agreements and business/commercial agreements.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses secret trusts. Secret trusts allow property to be left to someone in a will without explicitly naming that person. This is achieved by a bequest to a person who has previously promised to hold that property as trustee for the intended recipient. The anonymity provided by a secret trust is important, as all wills are public documents and therefore open to scrutiny. Secret trusts can be either fully secret or half secret. To establish a valid secret trust there must be: an intention to create a trust; communication of that intention; and acceptance of the trust obligation.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses secret trusts. Secret trusts allow property to be left to someone in a will without explicitly naming that person. This is achieved by a bequest to a person who has previously promised to hold that property as trustee for the intended recipient. The anonymity provided by a secret trust is important, as all wills are public documents and therefore open to scrutiny. Secret trusts can be either fully secret or half secret. To establish a valid secret trust there must be: an intention to create a trust; communication of that intention; and acceptance of the trust obligation.
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This chapter examines the key cases and principles relating to acceptance. Where an offer has an essential requirement relating to acceptance (like the method of acceptance) then it must be followed. However, equivalent alternatives might be permitted if the offeror has not done enough to make the requirement essential. Acceptance must be in response to an offer, but the motive for accepting is not relevant. The general rule is that acceptance is effective once it has been communicated (received). Automated ticket and vending machines present an offer so that acceptance takes place when the customer is committed—as when payment is made. Meanwhile, emailed acceptance and the use of websites to communicate acceptance are likely to operate on the basis of the general rule. The traditional analysis based on offer and acceptance will be applied to ‘battle of forms’ cases. In exceptional cases, courts may look to the wider context in such cases to identify the terms of an agreement.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401. The document also includes supporting commentary from author Nicola Jackson.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Holwell Securities Ltd v Hughes [1974] 1 WLR 155. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401. The document also includes supporting commentary from author Nicola Jackson.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hyde v Wrench [1840] EWHC Ch J90; (1840) 49 ER 132; (1840) 3 Beav 334. The document also includes supporting commentary from author Nicola Jackson.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. The document also includes supporting commentary from author Nicola Jackson.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Adams v Lindsell (1818) 106 ER 250. The document also includes supporting commentary from author Nicola Jackson.
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M P Furmston
This chapter and the next two chapters set out the way in which a legally binding contract is made. This chapter explains the formation of the contract and sets out the rules that determine whether what has happened should legally be regarded as an agreement. The discussions cover offer and acceptance; termination of offer; constructing a contract; inchoate contracts; and long-term relationships.
Chapter
Jack Beatson, Andrew Burrows, and John Cartwright
A contract consists of an actionable promise or promises. Every such promise involves at least two parties, a promisor and a promisee, and an outward expression of common intention and of expectation as to the declaration or assurance contained in the promise. This outward expression of a common intention and of expectation normally takes the form of an agreement. This chapter discusses the establishment of an agreement by offer and acceptance; uncertain and incomplete agreements; and the intention to create legal relations.
