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Caribbean · Year 1 · Law of Contract

Leading Cases

Offer, acceptance, consideration and intention.

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  1. 1.Carlill v Carbolic Smoke Ball Co [1893] — held?

    An advertisement can be a unilateral offer to the world, accepted by performing the conditions; the £1,000 deposited at the bank showed intention to be bound.

    Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 (CA)

  2. 2.Pharmaceutical Society of GB v Boots Cash Chemists [1953] — held?

    Goods displayed on self-service shelves are an invitation to treat; the customer makes the offer at the till.

    [1953] 1 QB 401 (CA)

  3. 3.Hyde v Wrench (1840) — principle?

    A counter-offer rejects and destroys the original offer, which cannot later be accepted.

    Hyde v Wrench (1840) 3 Beav 334

  4. 4.Adams v Lindsell (1818) — principle?

    The postal rule: acceptance by post is complete when the letter is posted, not when it is received.

    Adams v Lindsell (1818) 1 B & Ald 681

  5. 5.Entores v Miles Far East Corp [1955] — held?

    For instantaneous communication (telex), acceptance is complete only when received by the offeror.

    [1955] 2 QB 327 (CA)

  6. 6.Stilk v Myrick (1809) vs Williams v Roffey Bros [1991]?

    Stilk: performing an existing contractual duty is not good consideration. Roffey: a promise to pay more can be enforced where the promisor obtains a practical benefit and there is no economic duress or fraud.

    (1809) 2 Camp 317; [1991] 1 QB 1 (CA)

  7. 7.Central London Property Trust v High Trees House [1947] — doctrine?

    Promissory estoppel: a promise intended to be binding and acted upon (rent reduction during the war) is binding in equity so far as its terms properly apply. Denning J.

    [1947] KB 130

  8. 8.Balfour v Balfour [1919] — principle?

    Domestic agreements between spouses are presumed not to be intended to create legal relations.

    [1919] 2 KB 571 (CA)