Formation of Contracts
What was held in the case of Payne v Cave
The Defendant's bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer.
What was held in Dunlop v Selfridge
The action failed because although there was a contract between the defendants and Dew, the plaintiffs were not a party to it and “only a person who is a party to a contract can sue on it”
Held in Bannerman v White
This assurance was held to be a condition of the contract. It was of such importance that, without it, the buyer would not have contracted
Held in Edgington v Fitzmaurice
The Court of Appeal held that the statement of intention was a statement of fact and amounted to a misrepresentation and that the plaintiff was entitled to rescind the contract. Although the statement was a promise of intent the court held that the defendants had no intention of keeping to such intent at the time they made the statement
Facts of Dakin v Lee
The defendants promised to build a house according to specification and failed to carry out exactly all the specifications, for example, concrete not four feet deep as specified, wrong joining of certain rolled steel joists and concrete not properly mixed.
The Court of Appeal held that the builders were entitled to recover the contract price, less so much as ought to be allowed in respect of the items found to be defective
Facts of Harvey v Facey
The plaintiffs sent a telegram to the defendant, “Will you sell Bumper Hall Pen? Telegraph lowest cash price”. The defendants reply was “Lowest price £900”. The plaintiffs telegraphed “We agree to buy . . . for £900 asked by you
Facts of Shanklin Pier ltd v Detel Products Ltd
Contractors employed by the claimants to paint the claimant’s pier were instructed by the claimants to use paint manufactured by the defendants. The contract to purchase the paint was actually made between the contractors and the defendants but a representation was made by the defendant to the claimants that the paint would last for seven years. The paint only lasted three months.
Facts of Harling v Eddy
The vendors of a heifer represented that there was nothing wrong with the animal but, in fact, it had tuberculosis from which it died within three months of the sale.
Facts of Bisset v Wilkinson
The plaintiff purchased from the defendant two blocks of land for the purpose of sheep farming. During negotiations the defendant said that if the place was worked properly, it would carry 2,000 sheep. The plaintiff bought the place believing that it would carry 2,000 sheep. Both parties were aware that the defendant had not carried on sheep-farming on the land.
Facts of Condor v The Baron Knights
A drummer engaged to play in a pop group was contractually bound to work on seven nights a week when work was available. After an illness, Condor’s doctor advised that it was only safe to employ him on four nights a week, although Condor himself was willing to work every night. It was necessary to engage another drummer who could safely work on seven nights each week. The court held that Condor’s contract of employment had been frustrated in a commercial sense. It was impracticable to engage a stand-in for the three nights a week when Condor could not work, since this involved double rehearsals of the group’s music and comedy routines.
Principle in Hyde v Wrench
When a counter-offer is introduced, it extinguishes the original offer which cannot be later accepted.
Principle in St. John's Shipping Corporation v Joseph Rank Ltd.
The birth of a contract may be legal, that is, legal in its formation but illegal as to how it is performed.
What is a case relating to condition and what are the facts of it.
Poussard v Spiers (1876) 1 QBD 410—Poussard was engaged to appear in an operetta from the start of its London run for three months. The plaintiff fell ill and the producers were forced to engage a substitute. A week later Poussard recovered and offered to take her place, but the defendants refused to take her bac
Facts and what was held in Horsfall v Thomas
The buyer of a gun did not examine it prior to purchase. It was held that the concealment of a defect in the gun did not affect his decision to purchase as, since he was unaware of the misrepresentation, he could not have been induced into the contract by it. His action thus failed
What is the name and facts of the case showing Destruction of Subject matter is essential for performance of Contract
Caldwell agreed to let a music hall to Taylor so that four concerts could be held there. Before the date of the first concert, the hall was destroyed by fire. Taylor claimed damages for Caldwell’s failure to make the premises available. The court held that the claim for breach of contract must fail since it had become impossible to fulfill.
Facts of Bryne v Van Tienhoven
1 Oct. D posted a letter offering goods for sale. 8 Oct. D revoked the offer; which arrived on 20 Oct. 11 Oct. P accepted by telegram 15 Oct. P posted a letter confirming acceptance. It was held that the defendant’s revocation was not effective until it was received on 20 Oct. This was too late as the contract was made on the 11th when the plaintiff sent a telegram. Judgment was given for the plaintiffs.
Facts of Pearce v Brooks
The defendant was a prostitute who hired a carriage from the plaintiff, who was a coachbuilder, on hire purchase terms to be paid for in instalments. She wanted the carriage to attract customers. The defendant did not pay the second instalment on the carriage and returned it in a damaged condition, in breach of the agreement. At first instance the jury found on the evidence that the coachbuilder knew that she was a prostitute at the time the contract was made. The coachbuilder sued for non-payment and for the damage.
What is a case relating to warranties and the facts of it.
Bettini v Gye (1876) 1 QBD 183—Bettini, an opera singer, was engaged by Gye to appear in a season of concerts. He undertook to be in London at least six days before the first concert for the purpose of rehearsals. He arrived three days late because of a temporary illness. He gave no advance notice and Gye refused to accept his services
What is the case in relation to statements which become false and the facts
With v O’Flanagan [1936] Ch 575—During the course of negotiations for the sale of a medical practice, the vendor made representations to the purchaser that it was worth £2000 a year. By the time when the contract was signed, they were untrue. The value of the practice had declined in the meantime (to £250) because of the vendor’s inability to attend to it through illness
Facts and held in Sumpter v Hedges
The plaintiff agreed to erect upon the defendant’s land two house and stables for £565. He did part of the work to the value of about £333 and then abandoned the contract. The defendant completed the buildings. The Court held that the plaintiff could not recover the value of the work done, as he had abandoned the contract
What case established the Postal Rule and what are the facts
Adams v Lindsell (1818) 1 B & Ald 681.—2 Sept. The defendant wrote to the plaintiff offering to sell goods asking for a reply “in the course of post” 5 Sept. The plaintiff received the letter and sent a letter of acceptance. 9 Sept. The defendant received the plaintiff’s acceptance but on 8 Sept had sold the goods to a third party. It was held that a binding contract was made when the plaintiff posted the letter of acceptance on 5 Sept, so the defendant was in breach of contract
Facts and what was held in Tweedle v Atkinson
The son and daughter of the parties involved in this dispute were getting married. As such, the father of the groom and father of the bride entered into an agreement that they would both pay sums of money to the couple. Unfortunately, the father of the bride died before he paid the money to the couple and the father of the son died before he could sue on the agreement between the parties. As a result of this, the groom brought a claim against the executor of the will for the payment that was previously agreed between the fathers.
Outcome / Decision
The groom’s claim was rejected by the court. It was held that the groom was not a part of the agreement between the fathers and he did not provide any consideration for the promise made by the father of the bride. Also, as a stranger to the contract, the son could not enforce it. On this basis, the court found in favour for the executor of the will.
what are the facts and what was held in L'Estrange v Graucob
The plaintiff bought a cigarette machine for her cafe from the defendant and signed a sales agreement, in very small print, without reading it. The agreement provided that “any express or implied condition, statement or warranty . . . is hereby excluded”. The machine failed to work properly. There was an action for breach of warranty by the defendants.
Facts and what was held in Leaf v International Galleries
The plaintiff bought a painting after an innocent misrepresentation was made to him that it was by ‘J. Constable’. He did not discover this until five years later and claimed rescission immediately. The Court of Appeal held that the plaintiff had lost his right to rescind after such a period of time. His only remedy after that length of time was for damages only, a claim which he had not brought before the court
Facts and Held in Davis Contractor v Fareham
The plaintiff agreed to build 78 houses in eight months at a fixed price. Due to bad weather, and labour shortages, the work took 22 months and cost £17,000 more than anticipated. The builders said that the weather and labour shortages, which were unforeseen, had frustrated the contract, and that they were entitled to recover £17,000 by way of a quantum meruit.
The House of Lords held that the fact that unforeseen events made a contract more onerous than was anticipated did not frustrate it