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carlill v carbolic smoke ball company |
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contract formed by conduct |
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ilkie v london passenger transport board |
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fisher v bell restriction of offences weapn act 1959 |
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a shop is a place for bargaining and not compulsory sales. if the display of such goods was an offer, the shopkeeper might be forced to contract with his worst enemy, his greates trade rival, a reeling drunkard or a ragged and verminous tramp |
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display of goods in a shop |
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PSBG v Boots Pharmacy and Posions Act 1933 |
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advertisement in a paper = I.TT |
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Lefkowitz v great minneapolis surplus stores |
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Offer to buy council house |
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refusal death lapse of time counter offer revocation failure of a precondition acceptance |
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offer made to sell at £1000.. |
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agreement can be shown by condct |
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brogden v metropolitan rail co- both parties thought that a valid contract existed and indeed behaved as if that was so, until the time of the dispute. |
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battle of the forms (definition) |
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both parties are dealing with standard form stationery with their own terms set out. if one partys terms differ substanitally from the others, on whose terms are the parties dealing. the view taken by the courts is the last party to send a piee f paper containing such terms lays down the terms. |
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battle of the forms (case) |
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ramsgate hotel v motefiore |
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bryne v van tienhoven D wrote to the plaintiff with an offer. P telegraphed acceptane but 3 days before, the defendant had sent a letter withdrawing the offer. this did not arrived until the acceptance had been confirmed by post. |
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revocation via a 3rd party |
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revocation is only really valid when made by a reliable third pary |
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clearly possible to revoke an offer even thogh a time limit is specified, providing that this is communicated to the the time limit merely has the effect of terminating te offer if it had not alredy been revoked. this seems harsh on the offeree who has depended on the offer being open and has taken action based on this. |
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revocation of unilateral contracts |
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revocation of an ongoing act of acceptance |
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failing of a precondition |
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