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Chapter

Cover JC Smith's The Law of Contract

6. Identity of offeror and offeree  

This chapter considers situations where one party (A) makes an offer to another party (B) but a third party (C) purports to accept the offer made by A. If A makes an offer to B and B alone, that offer cannot be accepted by C. Whether an offer is restricted to B alone is a question of interpretation. If A makes a mistake as to the other party’s identity, no contract will be formed (or, as it is sometimes said, the contract will be void). If A makes a mistake as to the other party’s attributes (such as their creditworthiness) then a contract will be formed. However, that contract may be voidable as a result of a misrepresentation. Whether a contract is void or voidable is particularly important where third parties have acquired rights in the subject matter of a contract.

Chapter

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

12. Contracts Void at Common Law on Grounds of Public Policy  

M P Furmston

This chapter examines the three types of contract that are treated by the courts as void: contracts to oust the jurisdiction of the courts; contracts prejudicial to the status of marriage; and contracts in restraint of trade. The legal consequences of such contracts are also discussed.

Chapter

Cover Essential Cases: Contract Law

Shogun Finance Ltd v Hudson [2003] UKHL 62  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Shogun Finance Ltd v Hudson [2003] UKHL 62. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2021] UKSC 40; [2021] 3 WLR 727  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2021] UKSC 40; [2021] 3 WLR 727. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Shogun Finance Ltd v Hudson [2003] UKHL 62  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Shogun Finance Ltd v Hudson [2003] UKHL 62. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2021] UKSC 40; [2021] 3 WLR 727  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2021] UKSC 40; [2021] 3 WLR 727. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Contract Law Concentrate

2. Agreement problems  

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 focuses on issues which may prevent the parties from reaching agreement. Agreement problems generally affect the agreement by rendering it void. It is necessary, however, to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms (e.g. because it is vague or essential terms are missing), the courts will not enforce it because they will not construct a binding contract for the parties. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement.

Chapter

Cover Essential Cases: Contract Law

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Bisset v Wilkinson [1927] AC 177  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law

Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Commercial Law Concentrate

7. Transfer of ownership by a non-owner  

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, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.

Chapter

Cover Contract Law Concentrate

8. Contractual impossibility and risk: frustration and common mistake  

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 examines the law’s response to events that render performance of the contract impossible for reasons beyond the control of the contracting parties, and so provide an excuse for non-performance. The default legal doctrines—common mistake (initial impossibility) and frustration (subsequent impossibility)—may come into play in instances of impossibility of performance only where there is no express or implied allocation of the risk of the event in the contract. These default doctrines determine what is to happen to the existing and future obligations of the parties.