Summary: Contract Law
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1 Contract law
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Pharmaceutical Society of Great Britain v Boots [1953] - invitation to treat
Pharmaceuticals need pharmacist present when sold, goods on display invitation to treat,make offer at till,shop assistant chooses to accept or decline, contract decided at till where pharmacist present. -
Fisher v Bell [1961] - invitation to treat
Flick knife displayed in his shop window with a price tag on it, unlawful to sell, conviction quashed, display invitation to treat not offer. -
Carlill v Carbolic Smoke Ball Co [1893] - offer
Newspaper article - £100 catch influenza, £1000 deposited, Mrs Carlill purchased smoke Balls, followed instructions, caught flu, claimed £100, invitation to treat, held - unilateral offer, deposited money seen as intent -
What constitutes a valid acceptance?
1. must be communicated
2. accept original terms
3. agreement certain -
Dickenson v. Dodds
Revocation: not effective until received by the offeree. Receipt can be from a reliable 3rd party -
What's a gratuitous promise?
Promise given in exchange for nothing -
Re McArdle (1951) - consideration
Improvements and repairs on bungalow, husband inherited it, shared w/ siblings, when completed created document stating price, payment never made, seen as past consideration -
What is Promissory estoppel?
In some instances can stop a person going back on a promise which is not supported by consideration. -
Requirements of promissory estoppel
1. A pre-existing contract or legal obligation which is then modified
2.There must be a clear an unambiguous promise
3.Change of position
4.It must be inequitable to allow the promisor to go back on their promise -
Combe v Combe [1951] - promissory estoppel
Husband promised to make maintenance payments to estranged wife but failed , wife brought action to enforce the promise invoking promissory estoppel , no pre-existing agreement, action failed
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