GDL Contract Law Revision Notes
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CONTRACT LAW REVISION NOTES
GDL (University of Law)
Flowcharts
Formation of Contracts
Breach of Contract – Express Terms
Breach of Contract – Implied Terms
Exemption Clauses
Doctrine of Frustration
False Preliminary Statements
Undue Influence
Economic Duress
Key Authorities
Formation of Contracts
Breach of Contract
Remedies for Breach
Discharge of Contract
Preliminary Statements
Consent to Contract
Agency
Negotiations and Tenders
All notes correct and Distinction worthy as of
academic year 2019/20
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FORMATION OF CONTRACTS
Is there an agreement?
OFFER ACCEPTANCE
“An expression of willingness to contract on certain “A final and unqualified expression of assent to the
terms, made with the intention that it shall become terms of an offer” – Professor Treitel
binding as soon as it is accepted by the person to
whom it is addressed” – Professor Treitel This must be communicated by the offeree or their
authorised agent, unless a unilateral contract or
Distinguished from an ‘invitation to treat’ specified that silence = acceptance
There must be certainty of offer and acceptance – Scammell v Ouston
The offer must not have been revoked or lapsed
Was there contractual intention?
COMMERCIAL AGREEMENTS NON-COMMERCIAL AGREEMENTS
There is a presumption of intention to create legal There is a presumption of no intention to create
relations (Edwards v Skyways) legal relations (Balfour v Balfour)
But this may be rebutted if there is specific But this may be rebutted in specific circumstances
wording (Rose & Frank Co v Crompton Bros) (Merritt v Merritt)
Has consideration been provided?
CONSIDERATION
“The price you pay for another’s promise”
It need not be adequate but must be sufficient (Chappell v Nestle)
What is provided should either be of benefit to the receiver, or detriment
to the giver (Currie v Misa)
It must have some economic value (Thomas v Thomas)
Identify any issues with the consideration provided
PAST CONSIDERATION CONTRACTUAL DUTY LEGAL DUTY
Is not normally sufficient Is not normally sufficient (Stilk v Is not normally sufficient (Collins v
(Roscorla v Thomas) unless: Myrick) unless: Godfrey) unless:
Act at promisor’s request Duties are exceeded Public duty is exceeded
(Lampleigh v Brathwait) (Hartley v Ponsonby) (Glasbrook Bros v Glamorgan CC)
AND understanding of reward OR extra benefit is conferred on OR would not be contrary to
(Re Casey’s Patents)
promisor (Williams v Roffey Bros) public policy (Williams v Williams)
AND otherwise a valid contract
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(Distinction)
written by
ulawemily
www.stuvia.com
Downloaded by: harveyelias |
Distribution of this document is illegal
, Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides
CONTRACT LAW REVISION NOTES
GDL (University of Law)
Flowcharts
Formation of Contracts
Breach of Contract – Express Terms
Breach of Contract – Implied Terms
Exemption Clauses
Doctrine of Frustration
False Preliminary Statements
Undue Influence
Economic Duress
Key Authorities
Formation of Contracts
Breach of Contract
Remedies for Breach
Discharge of Contract
Preliminary Statements
Consent to Contract
Agency
Negotiations and Tenders
All notes correct and Distinction worthy as of
academic year 2019/20
Downloaded by: harveyelias |
Distribution of this document is illegal
, Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides
FORMATION OF CONTRACTS
Is there an agreement?
OFFER ACCEPTANCE
“An expression of willingness to contract on certain “A final and unqualified expression of assent to the
terms, made with the intention that it shall become terms of an offer” – Professor Treitel
binding as soon as it is accepted by the person to
whom it is addressed” – Professor Treitel This must be communicated by the offeree or their
authorised agent, unless a unilateral contract or
Distinguished from an ‘invitation to treat’ specified that silence = acceptance
There must be certainty of offer and acceptance – Scammell v Ouston
The offer must not have been revoked or lapsed
Was there contractual intention?
COMMERCIAL AGREEMENTS NON-COMMERCIAL AGREEMENTS
There is a presumption of intention to create legal There is a presumption of no intention to create
relations (Edwards v Skyways) legal relations (Balfour v Balfour)
But this may be rebutted if there is specific But this may be rebutted in specific circumstances
wording (Rose & Frank Co v Crompton Bros) (Merritt v Merritt)
Has consideration been provided?
CONSIDERATION
“The price you pay for another’s promise”
It need not be adequate but must be sufficient (Chappell v Nestle)
What is provided should either be of benefit to the receiver, or detriment
to the giver (Currie v Misa)
It must have some economic value (Thomas v Thomas)
Identify any issues with the consideration provided
PAST CONSIDERATION CONTRACTUAL DUTY LEGAL DUTY
Is not normally sufficient Is not normally sufficient (Stilk v Is not normally sufficient (Collins v
(Roscorla v Thomas) unless: Myrick) unless: Godfrey) unless:
Act at promisor’s request Duties are exceeded Public duty is exceeded
(Lampleigh v Brathwait) (Hartley v Ponsonby) (Glasbrook Bros v Glamorgan CC)
AND understanding of reward OR extra benefit is conferred on OR would not be contrary to
(Re Casey’s Patents)
promisor (Williams v Roffey Bros) public policy (Williams v Williams)
AND otherwise a valid contract
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