|
1.
|
An offer need not be made to a
specific person (offer to the world)
|
Carlill
v Carbolic Smoke Ball Company
|
|
2.
|
Where the postal acceptance rule
applies, 2 cases that govern whether acceptance can be revoked
|
Countess
of Dunmore v Alexander (Scottish) A-Z Bazaar (South Africa)
|
|
3.
|
An offer may be revoked at any time
before it is accepted, even if the offeror said it
would be held open for a period of time
|
Scammel
v Dicker
|
|
4.
|
Presumption is against intention to
create legal relations between spouse
|
Balfour
v Balfour
|
|
5.
|
Presumption is against intention to
create legal relations in any domestic relationship
|
Jones v Padavatton
|
|
6.
|
Consideration must be something of
economic value
|
White v Bluet
|
|
7.
|
Past consideration is not good
consideration
|
Roscorla
v Thomas
|
|
8.
|
An existing contractual duty owed to a
third party is good consideration
|
Shadwell
v Shadwell
|
|
9.
|
An existing duty to the same promisor is not good consideration
|
Stylk v
Myrick
|
|
10.
|
Elements of Promissory Estoppel
|
Existing
contractual relations
Clear
and unequivocal promise
Reliance
by promisee
Inequitable
to resile
Shield
not a sword
May be suspensory or extinguishing
|
|
11.
|
Economic duress will not be found
where the claimant has allowed excessive lapse of time or otherwise affirmed
the contract
|
North
Ocean Shipping v Hyundai
|
|
12.
|
Elements of economic duress
|
Pressure
of an improper nature
No
reasonable alternative
|
|
13.
|
One party must perform entirely before
the other is due to perform
|
Cutter v
Powell
|
|
14.
|
Entire obligations rule may be applied
separately to severable parts of a contract
|
Taylor v
Laird
|
|
15.
|
Where an act has been substantially performed,
the other party may be required to perform, though deductions may be made to
cure defective performance
|
Hoenig
v Isaacs
|
|
16.
|
Courts may disregard breach of a
condition if the breach is trifling or causes no harm
|
Rice v
Great Yarmouth Borough Council
|
|
17.
|
In anticipatory breach, if the
aggrieved party accepts the breach, damages may be claimed at the date of
acceptance of breach
|
Hochster
v De La Tour
|
|
18.
|
The aggrieved party is not obliged to
accept an anticipatory breach, and may perform himself and demand performance
|
White
and Carter Councils v McGregor
|
|
19.
|
If an aggrieved party cannot perform without
the cooperation of the party in breach, he may only claim for damages
|
Hounslow
London Borough Council v Twickenham Garden
Developments
|
|
20.
|
If an aggrieved party has no
legitimate interest in performing, then he may only claim for damages
|
The
Alaskan Trader
|
|
21.
|
In frustration, a music hall was let
for a concert and then burned to the ground before the concert.
Principle of destruction of thing essential
|
Taylor v
Caldwell
|
|
22.
|
Frustration of purpose: a contract to
rent a hall to watch a coronation parade was held to be frustrated when the
parade was cancelled
|
Krell v
Henry
|
|
23.
|
If an agreement has multiple purposes and
one of those purposes is NOT frustrated, then the contract is not frustrated
|
Herne
Bay Steam Boat Co v Hutton
|
|
24.
|
Where frustration is self-induced, a
contract is not frustrated
|
Monarch
Steamship Co
|
|
25.
|
Where a party chooses which of
multiple contracts he will "frustrate" this is not frustration
|
The
Super Servant 2
|
The Law of Contract
Revision 2A - Case Law
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