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Contract Formation Case Studies

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L'Estrange v Graucob (1934)

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Highlighted the significance of signing a contract, whereby a party is bound even if they have not read the terms.

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Felthouse v Bindley (1862)

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Confirmed that silence cannot amount to acceptance. An uncle's assumption of purchase did not constitute a contract without explicit agreement by the nephew.

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Rose & Frank Co v JR Crompton & Bros Ltd (1925)

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The case established the concept of 'honour clauses', which can indicate an agreement is not legally enforceable as a contract.

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Thomas v Thomas (1842)

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Outlined that consideration must be sufficient but need not be adequate, exemplified by the token payment of £1 per annum for a property.

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Carlill v Carbolic Smoke Ball Co. (1893)

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Established that a unilateral offer can be accepted by performing the act. The company's advertisement was an offer, and purchasing/using the smoke ball was acceptance.

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Storer v Manchester City Council (1974)

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Contrasted with Gibson v Manchester City Council, showing that where necessary documentation is completed and sent, an agreement can be formed.

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Fisher v Bell (1961)

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Reiterated that displaying an item in a shop window is an invitation to treat and not an offer to sell, following the principles of contract formation.

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Smith v Hughes (1871)

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Explored the objective test of agreement in contract law, emphasizing the importance of what is perceived by a reasonable person as intentions to enter an agreement, rather than private intentions.

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Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953)

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Clarified that goods displayed with a price in a self-service store constitute an invitation to treat, not an offer. The offer is made when the customer brings the goods to the cash desk.

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Chappell & Co Ltd v Nestle Co Ltd (1960)

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Established that even something with no intrinsic value could constitute valid consideration if it is of some value to the other party.

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Errington v Errington and Woods (1952)

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Reinforced that a unilateral contract becomes irrevocable once the party has commenced performance of the act.

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Partridge v Crittenden (1968)

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Held that an advertisement in a newspaper for the sale of goods was an invitation to treat, not an offer.

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Peppercorn case: Thomas v Thomas (1842) revisited

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Illustrated the concept of a 'Peppercorn rent', where a nominal consideration is deemed sufficient to support a contract.

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Adams v Lindsell (1818)

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Established the 'postal rule', where acceptance is deemed to have occurred when the letter of acceptance is posted, not when it is received by the offeror.

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Gibson v Manchester City Council (1979)

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Demonstrated that an intention to agree in the future does not amount to a current agreement to contract.

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Harvey v Facey (1893)

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Determined that a statement of the lowest price at which the seller would sell was not an offer but merely an indication of the price.

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Hyde v Wrench (1840)

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Demonstrated that once an offer is rejected, it cannot be accepted later; a counteroffer constitutes a rejection of the original offer.

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Balfour v Balfour (1919)

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Established the principle that not all agreements between parties, especially within a domestic context, are contracts.

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Currie v Misa (1875)

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Defined consideration in a contract as a right, interest, profit, benefit, or forbearance, detriment, loss, responsibility.

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McArdle v McArdle (1951)

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Clarified that consideration must not be past; therefore, a promise made for actions already completed does not constitute valid consideration.

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Williams v Roffey Bros & Nicholls (Contractors) Ltd (1991)

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Introduced the concept that providing additional consideration can make a contract modification binding even without new consideration from the other party, if it avoids a detriment to the modifying party.

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Merritt v Merritt (1970)

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Contrasted Balfour v Balfour by enforcing an agreement between estranged spouses. Courts are more willing to find contracts in post separation agreements.

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Entores Ltd v Miles Far East Corporation (1955)

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Modified the postal rule for instantaneous communications, establishing that acceptance must be received by the offeror.

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Blue v Ashley (2017)

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Highlighted that informal discussions, especially in a social context, cannot be assumed to be binding contractual agreements.

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Carlill's case (1893) revisited

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Contributed to the understanding of consideration in unilateral contracts where general performance of an action can be sufficient.

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