Shared Flashcard Set

Details

Contract 1
Formation of contract 2
20
Law
Undergraduate 1
02/20/2010

Additional Law Flashcards

 


 

Cards

Term

Sec 6

 

 

Definition

Means of revocation of proposal:

 

  1. By notice
  2. Lapse of time
  3. Failure to fulfill condition precedent
  4. Death or mental disorder
  5. Rejection of an offer by the offeree
Term

Sec 5(1)

 

 

Definition

Offeror has right to revoke offer before acceptance of offeree. Eg: Payne vs Cave

Term
Sec 4 (3) (a)
Definition

Revocation must be communicated. Eg: Byrne vs TienHoven

Term
Byrne vs Van Tienhoven
Definition

P:

  • Revocation must be communicated

F:

  • Letter of Revocation reached P after P sent acceptance

H:

  • There is contract

 

Term

Ramsgate Victoria Hotel vs Montefiore

 

 

 

 

Definition

P:

  • Lapse of time

 

F:

  • offer to buy shares
  • Acceptance not in reasonable time

 

H:

  • No binding contract
Term
Industrial Concrete Products vs Concrete Engineering Products
Definition

P: Failure to meet condition then can revoke.

 

F:

  • Agreement conditional upon the approval of MITI
  • MITI not fulfilled

H: no contract

Term
Sec (d)
Definition
Death mental disorder of part
Term
Sec 6 (D)
Definition
Death Mental disorder of Party
Term
An attempt by the acceptor to accept the proposal on new terms is known as ?
Definition
Counter offer, which amounts to a rejection.
Term
Hyde vs Wrench
Definition

P: Sec 6, Rejection of offer by counter offer by offeree.

 

F: D refused to sell farm land to P on orginal offer after counter offer.

 

Held: No contract.

 

Term
Tan Geok Khoon vs Paya Terubong
Definition

P: Rejection of offer by offeree

F: Deceased accepted counter offer

H: There is a contract

Term
Malaysian Flour Mills v Saw Eng Chee
Definition

P: Sec 6, a counter offer is both fails as an acceptance and a rejection of the original offer.

Term
Stevenson vs Mclean
Definition

P: Seeking information is not rejection of offer or counter offer.

F:

  1. P inquired
  2. D already sold prod
  3. P sent acceptence before arrival of D letter

H: Contract.

Term

Relevant Sections of Contract Act:

  1. Sec 2(a)
  2. Sec 3
  3. Sec 4(1)
Definition
  1. Proposer must have willingnes and view of obtaining assent of other party when making offer
  2. Communication of offer
  3. Completion of offer when when it comes to knowledge of acceptor.
Term
Cases of Ad as ITTs
Definition
Coelho vs The Public services commision and Harris vs Nickerson
Term
Cases of Ads by Manufacturers as Offers
Definition
  1. Partridge vs Critittenden 
  2.  Carlil vs Carbolic Smole Ball
Supporting users have an ad free experience!