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Chapter

Cover Essential Cases: Contract Law

Hyde v Wrench (1840) 49 ER 132  

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.

Chapter

Cover Essential Cases: Contract Law 5e

Hyde v Wrench (1840) 49 ER 132  

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.

Chapter

Cover Business Law Concentrate

2. Contract I: essential features of a contract  

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.

Chapter

Cover Essential Cases: Contract Law

Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037  

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

Cover Essential Cases: Contract Law 5e

Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037  

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

Cover Koffman, Macdonald & Atkins' Law of Contract

2. Formation of the contract  

This chapter identifies the key elements required for a contract to be formed. It looks in depth at agreement, breaking it down into offer and acceptance. An offer is distinguished from an invitation to treat in principle, and specific examples of communications which are commonly identified as invitations to treat or offers are considered (e.g. advertisements, displays in shops, auctions, and website ‘shops’/advertisements). The chapter looks at termination of offers by various means, including counter offers and revocation. What constitutes an acceptance is addressed, and the special rule relating to the time of effectiveness of posted acceptances (‘the postal rule’) is considered, as is its extension to contexts such as e-mailed acceptances. The ‘battle of the forms’ is also looked at.

Chapter

Cover Essential Cases: Contract Law

Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401, Court of Appeal  

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

Cover Essential Cases: Contract Law 5e

Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401, Court of Appeal  

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

Cover JC Smith's The Law of Contract

3. Offer and acceptance: bilateral contracts  

This chapter analyses the key elements traditionally required for the formation of a bilateral contract. Contracts are bargains. The natural way to make a bargain is for one side to propose the terms and the other to agree to them. So contracts are almost invariably made by a process of offer and acceptance. However, the lack of offer and acceptance does not necessarily preclude the existence of a contract, if a bargain can be discerned from the facts in some other way. The chapter begins by explaining what constitutes an offer, and discusses various common scenarios. It then examines the requirements of acceptance, since this is what is required for a contract to be concluded. It considers the possibilities that an offer might be revoked by the offeror; or rejected by the offeree; or the offeree might ask for further information; or the offer might lapse.

Chapter

Cover Contract Law

2. Bargaining and agreeing  

Offer, acceptance, and formation

This chapter focuses on agreement between parties as a requirement in the formation of a contract. Agreement is said to be reached when one party (the ‘offeree’) makes an offer to another proposing certain terms by which he intends to be bound, which that other party accepts as made. An agreement will only be taken to have been reached if the acceptance perfectly mirrors the offer. This chapter first examines the relatively straightforward situation of a seller and buyer bargaining over a prospective sale. It explains the distinction between an offer, an invitation to treat, and a counter-offer, as well as the importance of communicating acceptance and applicability of the postal rule to modern forms of communication. It also considers how the principles of offer and acceptance translate to other forms of contracting. The chapter covers the most influential and important cases in the subject area.

Chapter

Cover Concentrate Questions and Answers Contract Law

2. Offer and Acceptance  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter outlines a number of questions that need to be posed in answering exam questions about the rules of offer and acceptance and certainty of terms. First, has an offer been made? Secondly, if an offer has been made, has the offeree unequivocally accepted this offer? Thirdly, has the acceptance been communicated effectively? Fourthly, at the moment when the acceptance is deemed to have been effective, is the offer still open? Fifthly, are there any exceptions to the aforesaid rules of offer and acceptance? Finally, is an agreement sufficiently certain?

Chapter

Cover Poole's Casebook on Contract Law

2. Agreement  

Robert Merkin KC, Séverine Saintier, and Jill Poole

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract is a legally enforceable agreement. This chapter explains how the existence of an agreement is determined. After considering how the courts assess whether an agreement has been, using subjective and objective methods, it discusses the precise criteria used to determine agreement, namely offer and acceptance. The chapter defines offers and distinguishes them from invitations to treat. It focuses on identifying acceptances and distinguishing acceptances from responses which are not a mirror image of the offer, such as counter-offers. Much emphasis is placed on explaining the communication principles applicable to acceptances—postal and instantaneous communications, including email. The chapter explains revocations of offers and the communication principles applicable to revocations. The courts will enforce an agreement only if it is sufficiently certain in its terms. This chapter therefore considers how the courts deal with vagueness and incompleteness, including agreements to agree and whether there can ever be a duty to negotiate in good faith. It also examines the position where there is no contract due to uncertainty, but there has been performance. Finally, the chapter distinguishes bilateral and unilateral contracts and the special principles applicable to unilateral contracts.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

3. The Phenomena of Agreement  

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

Cover A Practical Approach to Alternative Dispute Resolution

12. Preparing for Negotiation  

This chapter details the process of preparing for negotiation. The purpose of a negotiation is to get the best possible outcome for the client, so planning should be based on a careful identification and prioritization of the client's objectives. Context is very important and relatest o the implications of the stage the case has reached. The lawyer should identify the issues that need to be negotiated, and analyse the facts, evidence, and law to put together persuasive arguments on each issue. They should evaluate their case carefully to plan potential concessions, demands, and offers, so that they are clear what they want to get on each issue, and what the possible fallback positions are. The chapter also considers the importance of planning a best alternative to a negotiated agreement (BATNA) and worst alternative to a negotiated agreement (WATNA) to provide a context for assessing offers and the possible overall outcome of the negotiation.

Chapter

Cover Essential Cases: Contract Law

Adams v Lindsell [1818] EWHC KB J59; (1818) 1 B & Ald 681; (1818) 106 ER 250  

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.

Chapter

Cover Essential Cases: Contract Law

Partridge v Crittenden [1968] 1 WLR 1204  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Partridge v Crittenden [1968] 1 WLR 1204. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401  

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.

Chapter

Cover Essential Cases: Contract Law

Entores Ltd v Miles Far East Corporation [1955] 2 QB 327  

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.

Chapter

Cover Essential Cases: Contract Law 5e

Adams v Lindsell [1818] EWHC KB J59; (1818) 1 B & Ald 681; (1818) 106 ER 250  

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.

Chapter

Cover Essential Cases: Contract Law 5e

Partridge v Crittenden [1968] 1 WLR 1204  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Partridge v Crittenden [1968] 1 WLR 1204. The document also includes supporting commentary from author Nicola Jackson.