Contract Law cases
Contract Law Cases The Offer Meeting of minds:
Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing, speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000
The Acceptance: Strictly in response to offer: R v Clarke: arrested, tried to get reward money, offered info for bail not for money Communicated(by words or conduct):
Case Felthouse v Bindley (silence is no): Plaintiff uncle offered price on horse, saying if he gets no response he considers the horse his at that price Empirical Holdings Pty Ltd v Machon Paull Partners Pty Ltd: Property developer sent architecture firm a contract that plaintiff did not sign. Progress payments made as if they were therefore ‘conduct’
Brogden v Metropolitan Railway Company: Defendant supplies coals for many years. Asks for written contract. Plaintiff sends draft, they don’t sign, but the basis of work is off it. Plaintiff win because conduct show they were bound Conditional Assent is not acceptance Masters v Cameron: Basically as long as conditions needed to make contract must be fulfilled Clear and certain:
Scammell and
Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing, speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000
The Acceptance: Strictly in response to offer: R v Clarke: arrested, tried to get reward money, offered info for bail not for money Communicated(by words or conduct):
Case Felthouse v Bindley (silence is no): Plaintiff uncle offered price on horse, saying if he gets no response he considers the horse his at that price Empirical Holdings Pty Ltd v Machon Paull Partners Pty Ltd: Property developer sent architecture firm a contract that plaintiff did not sign. Progress payments made as if they were therefore ‘conduct’
Brogden v Metropolitan Railway Company: Defendant supplies coals for many years. Asks for written contract. Plaintiff sends draft, they don’t sign, but the basis of work is off it. Plaintiff win because conduct show they were bound Conditional Assent is not acceptance Masters v Cameron: Basically as long as conditions needed to make contract must be fulfilled Clear and certain:
Scammell and