Question 9- Very briefly explain the need for offer and acceptance to form a contract.
- Define an acceptance.
- Explain the ‘normal’ principles of acceptance – Yates Building v
Pulleyn, Entores. - Explain why silence does not amount to acceptance – Felthouse v
Bindley. Lots to comment on here. - Discuss acceptance by conduct – Carlill; and in ignorance of an offer –
R v Clarke. Comment on the case. - Discuss the postal rule – Adams v Lindsell, Holwell v Hughes. Lots to say
here, with cases to illustrate meaning of posting, unfairness, exceptions, etc. - Consider other methods, established by cases: telegrams (Cowan v
O’Connor), telex (Entores, Brinkibon), and speculate on modern
methods, e.g. fax, e-mail, courier (see comments in The Brimnes) and
distance and electronic trading.
Chapter 3: Consideration
Question 1- Introduce the general idea of consideration, and define it. Dunlop v
Selfridge, Currie v Misa. - Discuss the need for Alan and Beth to provide consideration, and the
relevant ‘rules’: - Past consideration – Re McArdle, Roscorla v Thomas.
- Part-payment of a debt – Pinnel’s Case, Foakes v Beer.
- Promissory estoppel – Central London Property Trust v High Trees House.
- Apply the principles of past consideration to David’s offer.
- Consider whether the law is in line with morals here.
- Apply the principles of part-payment (in fact non-payment here) to
Edmund’s promise and consider whether promissory estoppel fits the
facts given (again, matching the legal theory with moral principles).
Question 2- Introduce very briefly the general principle consideration.
- Discuss the issue of consideration when performing an existing duty –
Stilk v Myrick. - Consider whether anything ‘extra’ to the duty has been given – Hartley
v Ponsonby, Ward v Byham, Williams v Roffey. - Apply the law regarding consideration, and Williams v Roffey in
particular, to the facts of the problem, i.e. the payment to Kanbild, and
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