CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

It is easy enough to imagine a situation where an intention to trade dishonestly leads to a contract dispute, but problems may a ...

in court. Happily, the law takes this view too, as the promise itself may not contain the essential elements which are considere ...

hear otherwise, he would assume that the horse was his. It was held that this could not amount to a contract without some commun ...

Part 1 The formation of a contract Is there agreement? To form a binding contract, the essential requirement is that the parties ...

The intention to be bound by the agreement A third requirement is that the parties do really intend to be bound by whatever they ...

2 Offer and acceptance A contract is an agreement between two parties imposing rights and obligations which may be enforced by l ...

The Carbolic Smoke Ball Company, in defending its claim, put forward various defences, and in rejecting them one by one the cour ...

2 The company argued that a ‘contract with the whole world’ was not legally possible. Bowen LJ said that this was not a contract ...

largely implied by the actions of the parties, rather than anything said specifically on each bus journey. Offers and ‘non-offer ...

to contract with his worst enemy, his greatest trade rival, a reeling drunkard or a ragged and verminous tramp. It should be not ...

So, for displays of goods in shop windows, classified advertisements, catalogues, circulars and timetables, the following genera ...

Offer and acceptance 13 A further problem arises where the two parties are not in a traditional ‘shopping’ situation, but are ne ...

Counter-offer Sometimes a reply from an offeree comes in the form of a new proposal, or counter-offer. It may simply be that the ...

In this case there were no external signs of agreement at any stage, in contrast to Brogden v Metropolitan Rail Co (1877), where ...

A counter-offer (as seen above) terminates the original offer. A request for further information leaves the original offer open ...

(strawberries would not be treated in the same way as books or a house), the market demand for the goods, and whether prices for ...

Revocation via a third party It appears from the following case, Dickinson v Dodds (1876), that the communication does not have ...

There is no direct English authority on this but it was raised as an issue in the following American case. So if, in the case of ...

Failure of a precondition If a main term of an offer, which is vital to the contract, is not fulfilled or is substantially alter ...

Agreement to all the terms of an offer by words or conduct. Acceptance must fit the terms of the offer exactly, otherwise it cou ...