CONTRACT LAW CASES EXAM 2025
QUESTIONS AND ANSWERS
Matheison Gee (Ayrshire) Ltd v Quigley (1952) - ....ANSWER ...-Explains
how agreement is reached, usually analysed through the offer/acceptance
mechanism with an objective approach, where a valid offer is met by the party's
unqualified acceptance.
Avintair v Ryder Airline Services (1993) - ....ANSWER ...-Tried to claim for
incomplete agreement because of the dissensus on the price of the services
rendered in the contract. Held: there was a contract
Wells v Devani (2019) - ....ANSWER ...-Oral agreement is a complete
contract. Estate agency agreement but no express terms on agent's commission
and when payable. No need to imply payment term.
WS Karoulias v Drambuie Liqueur Co Ltd (2005) - ....ANSWER ...-Held
that there was no contract because the agreement was not binding until it had been
formally signed (executed) by both parties.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,Harvey v Facey (1893) - ....ANSWER ...-Spoke through telegram. Telegram
was an invitation to treat, not an offer.
Fisher v Bell (1961) - ....ANSWER ...-Shop displays are not offers but
invitations to treat. The customer makes the offer to buy product at displayed
price. Resulted in subsequent legislation for "unlawful marketing"
Partridge v Crittenden (1968) - ....ANSWER ...-An advertisement is only an
invitation to treat even if it calls itself an offer and quotes a price.
Carlill v Carbolic Smokeball Co (1893) - ....ANSWER ...-Held the
advertisement was an offer (departure from the general rule) as advert specifically
said something would happen, so there was an intention to be legally bound.
Creative way to go about this because court wanted a certain result.
Wolf & Wolf v Forfar Potato Co (1984) - ....ANSWER ...-Original offer no
longer capable of being accepted as a counter offer was made. Counter offer never
accepted so no consensus between parties.
Stevenson v McLean (1880) - ....ANSWER ...-Offeree's response not a
rejection of offer, but was to ask for clarification of details of contract as the
background of unsettled state of the market important to the conclusion of the
contract.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,Tinn v Hoffmann & Co (1873) - ....ANSWER ...-Each made a proposal at
the same time (cross offers) and no acceptance, so no binding contract.
Burnley v Alford (1919) - ....ANSWER ...-Held no contract because offer
was revoked before acceptance. A sent offer to B, B went on holiday, while on
holiday, A sent revocation of the contract. B returned and did not read revocation,
B sent acceptance letter.
Thomson v James (1855) - ....ANSWER ...-Policy of upholding acceptance
at moment of posting to protect the acceptor. J received an acceptance of the offer
which he thought he had withdrawn and T received a withdrawal of the offer
which he thought he had accepted. There was a binding contract since consensus
had been achieved when T posted his acceptance and J was too late to withdraw
the offer.
Countess of Dunmore v Alexander (1830) - ....ANSWER ...-Before
Thomson v James. Exception. A received both letters offering employment and
withdrawing acceptance of employment at same time. Held: No contract. If
acceptance had reached A before the withdrawal, there would have been a
contract.
Carlyle v RBS (2015) - ....ANSWER ...-Verbal promise made by bank to
provide funding for a project was held to be enforceable. Objective approach:
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, considers context where words were said and if reasonable person would
understand
Smith v Oliver (1911) - ....ANSWER ...-Before Requirements of Writing Act
in place. Lady promised to leave money to church on her death for building works
but no money actually left to church when she died. Church claimed against estate
because works in progress. Held: not in writing so no contract
Scottish Power Plc v Kvaerner Construction (Regions) Ltd (1999) -
....ANSWER ...-Term implied that in construction contracts, parties would
not hinder each other in carrying out their work and would do all that is reasonable
in their power to aid other party. When duty of good faith is not an implied term
but an absolute given.
Unicorn Tower Ltd v HSBC Bank Plc (2018) - ....ANSWER ...-One of first
cases of good faith in Scotland but not decided in terms of good faith. No term to
be implied in case facts and circumstances
Crawford v Bruce (1992) - ....ANSWER ...-Lease provided for rent reviews
but not for the basis; implied term that used market approach rejected because the
parties wouldn't have agreed to it
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
QUESTIONS AND ANSWERS
Matheison Gee (Ayrshire) Ltd v Quigley (1952) - ....ANSWER ...-Explains
how agreement is reached, usually analysed through the offer/acceptance
mechanism with an objective approach, where a valid offer is met by the party's
unqualified acceptance.
Avintair v Ryder Airline Services (1993) - ....ANSWER ...-Tried to claim for
incomplete agreement because of the dissensus on the price of the services
rendered in the contract. Held: there was a contract
Wells v Devani (2019) - ....ANSWER ...-Oral agreement is a complete
contract. Estate agency agreement but no express terms on agent's commission
and when payable. No need to imply payment term.
WS Karoulias v Drambuie Liqueur Co Ltd (2005) - ....ANSWER ...-Held
that there was no contract because the agreement was not binding until it had been
formally signed (executed) by both parties.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,Harvey v Facey (1893) - ....ANSWER ...-Spoke through telegram. Telegram
was an invitation to treat, not an offer.
Fisher v Bell (1961) - ....ANSWER ...-Shop displays are not offers but
invitations to treat. The customer makes the offer to buy product at displayed
price. Resulted in subsequent legislation for "unlawful marketing"
Partridge v Crittenden (1968) - ....ANSWER ...-An advertisement is only an
invitation to treat even if it calls itself an offer and quotes a price.
Carlill v Carbolic Smokeball Co (1893) - ....ANSWER ...-Held the
advertisement was an offer (departure from the general rule) as advert specifically
said something would happen, so there was an intention to be legally bound.
Creative way to go about this because court wanted a certain result.
Wolf & Wolf v Forfar Potato Co (1984) - ....ANSWER ...-Original offer no
longer capable of being accepted as a counter offer was made. Counter offer never
accepted so no consensus between parties.
Stevenson v McLean (1880) - ....ANSWER ...-Offeree's response not a
rejection of offer, but was to ask for clarification of details of contract as the
background of unsettled state of the market important to the conclusion of the
contract.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,Tinn v Hoffmann & Co (1873) - ....ANSWER ...-Each made a proposal at
the same time (cross offers) and no acceptance, so no binding contract.
Burnley v Alford (1919) - ....ANSWER ...-Held no contract because offer
was revoked before acceptance. A sent offer to B, B went on holiday, while on
holiday, A sent revocation of the contract. B returned and did not read revocation,
B sent acceptance letter.
Thomson v James (1855) - ....ANSWER ...-Policy of upholding acceptance
at moment of posting to protect the acceptor. J received an acceptance of the offer
which he thought he had withdrawn and T received a withdrawal of the offer
which he thought he had accepted. There was a binding contract since consensus
had been achieved when T posted his acceptance and J was too late to withdraw
the offer.
Countess of Dunmore v Alexander (1830) - ....ANSWER ...-Before
Thomson v James. Exception. A received both letters offering employment and
withdrawing acceptance of employment at same time. Held: No contract. If
acceptance had reached A before the withdrawal, there would have been a
contract.
Carlyle v RBS (2015) - ....ANSWER ...-Verbal promise made by bank to
provide funding for a project was held to be enforceable. Objective approach:
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, considers context where words were said and if reasonable person would
understand
Smith v Oliver (1911) - ....ANSWER ...-Before Requirements of Writing Act
in place. Lady promised to leave money to church on her death for building works
but no money actually left to church when she died. Church claimed against estate
because works in progress. Held: not in writing so no contract
Scottish Power Plc v Kvaerner Construction (Regions) Ltd (1999) -
....ANSWER ...-Term implied that in construction contracts, parties would
not hinder each other in carrying out their work and would do all that is reasonable
in their power to aid other party. When duty of good faith is not an implied term
but an absolute given.
Unicorn Tower Ltd v HSBC Bank Plc (2018) - ....ANSWER ...-One of first
cases of good faith in Scotland but not decided in terms of good faith. No term to
be implied in case facts and circumstances
Crawford v Bruce (1992) - ....ANSWER ...-Lease provided for rent reviews
but not for the basis; implied term that used market approach rejected because the
parties wouldn't have agreed to it
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
