Category: Contract Law
Parker v South Eastern Railway (1877): incorporation of an exemption clause
Areas of applicable law: Contract law – Incorporation of a term – reasonable notice Main arguments in this case: Exemption clauses and their incorporation in a contract The fact of… Read more »
Tweddle v Atkinson (1861): Consideration must move from the promisee.
The case of Tweddle v Atkinson (1861) shows that a claimant cannot sue for a breach of contract if he himself has not provided any consideration for it. Even if… Read more »
Latin phrases in law
A: actus reus: An act of crime must have actus reus (the act) and mens rea (the intention) to form an act of crime. If one of these is missing,… Read more »
Felthouse v Bindley (1863): Silence cannot be acceptance.
Areas of applicable law: Contract law – Offer – Acceptance Main arguments in this case: Acceptance has to be clearly communicated as silence cannot amount to acceptance. In contract law… Read more »
Stevenson Jacques Co v McLean (1880): Enquiry vs counter offer.
Areas of applicable law: Contract law – Offer – Counter offer: Main arguments in this case: Request for information is not a counter offer. In contract law an original offer… Read more »
Byrne v Van Tienhoven (1880): withdrawal of an offer
Areas of applicable law: Contract law – Offer – Revocation of an offer Main arguments in this case: When can an offer be withdrawn? In contract law an offer can… Read more »
Taylor v. Caldwell (1863): Frustration of contract
Areas of applicable law: Contract law – Discharge of a contract – Frustration of contract: Main arguments in this case: It is sometimes possible that a contract, without any fault… Read more »
Counter offer in contract law: Hyde v Wrench (1840)
Areas of applicable law: Contract law – Offer – Counter offer: Main arguments in this case: The case illustrates how a counter offer, or haggling in plain English, can destroy… Read more »
Duress in contract law: meaning and what amounts to duress?
If a contract was entered by a party solely because of a threat, physical violence, unlawful restraint or economic duress, then the contract can be set aside, i.e. void. An… Read more »