The purpose of this lecture is twofold: first,to make you aware of how an offer may be brought to an end, that is, terminated, under 4 headings: i. Revocation of offer ii. Lapse of time iii. Death iv. Failure of an offer-related condition ..and second, to introduce you to the key cases concerning Intention to Create Legal Relations.
Revocation of an offer Here we consider when and how an offer can be revoked. Three cases of interest are: Byrne v Van Tienhoven 1880 Dickinson v Dodds 1876 Cartwright v Hoogstoel 1911 Revocation of offer and unilateral contracts When is it too late to revoke an offer when one is looking at a unilateral
contact? Interesting cases are: Errington v Errington 1952 and obiter in Daulia Ltd v Four Millbank Nominees Ltd 1978 In the Errington case, the father bought a house with a mortgage and let his son and daughter in law live in it with the promise that if they paid off all the mortgage payments the house would be theirs. When the father died, the house was left to the widow who sought
possession of the house. In the court case that followed, it had to be determined whether the widow could evict them because they were just tenants at will, or whether they had a contractual licence to occupy the house. In the Daulia case, Goff L J stated obiter: Whilst I think the true view of a unilateral contract must in general be that the offeror is entitled to require full performance of the condition which he has imposed and short of that he is not bound, that must be subject to one important qualification, which stems
from the fact that there must be an implied obligation on the part of the offeror not to prevent the condition becoming satisfied, which obligation it seems to me must arise as soon as the offeree starts to perform. Until then the offeror can revoke the whole thing, but once the offeree has embarked on performance it is too late for the offeror to revoke his offer. Termination of offer by lapse of time If an offer is open for a specific length of time, acceptance will not be valid after the date has
passed. If no time is specified then the offer will normally only be held to be open for a reasonable amount of time. A case in point is Ramsgate Victoria Hotel Co v Montefiore 1866. The death of the offeror may or may not revoke an offer. If the contract can be performed by the deceaseds estate, then death may not revoke it. But, if the contract can only be performed by the deceased personally, then death obviously
revokes the contract. If the offeree dies before acceptance, then usually there is no contract unless the offerees estate can perform the contract. Intention to Create Legal Relations How do the courts determine which agreements demonstrating offer and acceptance are actually enforceable in the courts? The two tests of enforceability are
Intention to Create Legal Relations (ITCLR) and Consideration. Here we deal with ITCLR. When ITCLR is looked at, it usually done so under 2 headings: 1. with regard to COMMERCIAL AGREEMENTS i. ii.
iii. The usual presumption Can an advertisement provide evidence of ITCLR? Rebutting the presumption of ITCLR in the commercial setting iv. Where the words purporting to rebut the presumption are ambiguous 2. with regard to SOCIAL/DOMESTIC
AGREEMENTS. The usual presumption In commercial agreements there is a presumption that in dealings between business people both sides intended their agreement to create legal relations - they intended that should things go wrong, the problem could be taken to court. Can an advertisement provide
evidence of ITCLR? Two of the leading cases here are already familiar to us from an earlier lecture: Carlill v Carbolic Smoke Ball Co 1893 and Bowerman v ABTA Ltd 1996. What happened in the Bowerman v ABTA case At first instance the plaintiffs lost the trial judge correctly took the approach of reading the notice as the public would understand it.
However, even doing this, he found that there was no contract because there was: no offer no intention to create legal relations the terms in the notice were too vague to amount to a legally enforceable promise there was thus uncertainty of terms However, in the Court of Appeal, the plaintiffs were successful, per Lord Justices Waite and Hobhouse with Lord Hirst dissenting. The dissenting judgment of Hirst LJ
Hirst LJ only looked at the WORDS IN THE DOCUMENT not at the document as a whole as per the majority and concluded that they were too vague to amount to a promise. Esso Petroleum Ltd v Commissioners of Customs and Excise 1976 The Customs & Excise could only recover purchase tax if the coins were produced in
quantity for general sale under s 2(1) of the Purchase Tax Act 1963, per Schedule 1. Were the coins sold at the garages? Part of the argument in the House of Lords was that the coins could only be for sale if there was an ITCLR. Was there? Rebutting ITCLR in the commercial setting In the Bowerman v ABTA 1996 case Hobhouse LJ said that ABTA could have avoided ITCLR by expressly
saying so in the advert. This is what was done in Jones v Vernons Pools Ltd 1939 and in Rose & Frank v Crompton 1923. Where the words purporting to rebut the presumption are ambiguous Two important cases are: Edwards v Skyways Ltd 1964 and Kleinwort Benson Ltd v Malaysian Mining Corporaton Bhd 1989
Edwards v Skyways Ltd 1964 In this case Skyways refused to match the lump sum pension payment they had promised saying that although there was consideration for the promise, there was no ITCLR due to the phrase ex gratia. Was this what the court found? Kleinwort Benson Ltd v Malaysian Mining Corporaton Bhd 1989
In the various meetings between Bankers and the Corporation it was made clear that it was the Corporations POLICY not to guarantee the borrowings of their subsidiary companies. A letter of comfort was eventually provided by the Corporation to Bankers rather than a guarantee. It read: It is our policy to ensure that the business of MMC Metals Ltd is at all times in a position to meet its liabilities to you under the above agreement.
Did this demonstrate the ITCLR or not? Edmonds v Lawson 2000 Was the pupillage of a pupil barrister a contract of employment for the purposes of the National Minimum Wage Act 1998? ITCLR in Domestic/Social agreements
Here we can consider some of the key cases: Balfour v Balfour 1919 Merritt v Merritt 1970 Jones v Padavatton 1969
A Platform for Scalable One-Pass Analytics using MapReduce, SIGMOD 11 the trigram data is evenly distributed => so most hot trigrams appear before the reduce memory fills up. INC-hash naturally holds them in memory => no performance advantage for DINC-hash...
Previously - Quality and Risk Profiles (QRPs) for acute hospitals. advanced statistical modelling. New model - Intelligent monitoring informs programme of inspections (Sept 2013) Clarity about indicators they will prioritise, rather than a model that claims to scan all information...
Ecology - Part 2The Cycling of Matter and Energyin EcosystemsGeneral BiologyName_____ There is a flow of materials and energy throughout every ecosystem There is a constant flow of materials and energy between the living ( biotic ) and nonliving (...
Ameloblasts - one ameloblast produces one prism After finishing the synthesis of enamel, ameloblasts cover the crown until the eruption of the tooth Tooth formation 6th week: thickening of the oral ectoderm = dental lamina Dental lamina Tooth bud Tooth...
Deep Learning for Information Processing & Artificial IntelligenceNew-Generation Models & Methodology for Advancing AI & SIP. Li Deng . Microsoft Research, Redmond, USA Tianjin University, July 4, 2013 (Day 3) (including joint work with colleagues at MSR, U of Toronto,...
The benefits of using podcasts as a simple and systematic way of recording and distributing lecture material to special needs students was examined in a study conducted at Bangor University, Wales (Bird . et al., 2006). The platform used was...
Times New Roman Symbol Lock And Key PLANE GEOMETRY DIFFERENT FIGURES OF GEOMETRICAL SHAPES TRIANGLE Formation of triangle Types of triangle CALCULATION FOR AREA SOLID SHAPES AREA AND VOLUME QUADRILATERAL PARALLELOGRAM,RHOMBUS,SQUARE ANDRECTANGLE . AREA OF QUADRILATERAL APPLICATION ACKNOWLEDGEMENT
These are the same ISRs that are available electronically in eDIRECT, just in hard copy and color format for easy distribution. ISRs are packaged by school and shipped to the district. Each school package is sorted by grade-level and then...
Ready to download the document? Go ahead and hit continue!