2. May be legally
binding
agreement
Creates
enforceable rights
and obligation
Remedy: damages for
breach or and specific
performance
3. Simple Contracts may be made
orally/in writing/implied by
conduct also referred to as Special Contracts
consensus ad idem : (Smith v : Land ,
Hughes – does not matter what a Conveyance –
persons intention is, if he acts a must be in writing
certain way as if he is assenting
that causes a reasonable person to
believe that he has entered in a
contract then the party with the Bilateral Contracts:
conduct is bound) exchange of promises is
sufficient to be enforceable
Unilateral Contract: This is
where a reward is promised
by one person to anyone
who finds a wallet, only one
person is bound to do
something
4. Objective test : what the
parties did and gleaning
through the documents
Objective test may be
(Gibson v Manchester
employed (Centrovincial
_Lord Denning indicated
Estates PLC v Merchant
that we should glen
investment(1) through the documents
and pay attention to the
conduct of the parties)
Agreements formed , by
Conduct may conduct or when offer
determine(Sm is communicated in a
ith v Hughes) mutually agreed
Agreement manner
??
5. Offer
Elements
of
Intention to
create legal acceptance
relation
contract Exclusion
Terms clauses
Consideration Certainty
Privity
Hinweis der Redaktion
1) Centrovincial estates v Merchant Inv – Claimants rented house yearly for abt 69, 000 pounds subject to review by December, 1982. June 1982 the def sent an offer to the def for 65,000 pounds inviting them to agree that this is the rent at the current market value. Def accepted...later claimants realized upon acceptance that the wrong amount had been quoted. Claimant attempt to recoover and failed as there was no evidence of previous documentation that indicated that the defendants knew of or had to ought reasonable know that the intent, secondly they tried using estoppel , however court held that the mutual promise would suffice.
