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Related Flashcards
Related Topics
Cards In This Set
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An offer need not be made to a specific person (offer to the world)
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Carlill v Carbolic Smoke Ball Company
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Where the postal acceptance rule applies, 2 cases that govern whether acceptance can be revoked
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Countess of Dunmore v Alexander (Scottish)
A-Z Bazaar (South Africa) |
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An offer may be revoked at any time before it is accepted, even if the offeror said it would be held open for a period of time
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Scammell v Dicker
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Presumption is against intention to create legal relations between spouses
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Balfour v Balfour
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Presumption is against intention to create legal relations in any domestic relationship
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Jones v Padavatton
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Consideration must be something of economic value
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White v Bluet
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Past consideration is not good consideration
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Roscorla v Thomas
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An existing contractual duty owed to a third party is good consideration
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Shadwell v Shadwell
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An existing duty to the same promisor is not good consideration
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Stylk v Myrick
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Elements of Promissory Estoppel
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Existing contractual relations
Clear and unequivocal promise Reliance by promisee Inequitable to resile Shield not a sword May be suspensory or extinguishing |
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Economic duress will not be found where the claimant has allowed excessive lapse of time or otherwise affirmed the contract
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North Ocean Shipping v Hyundai
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Elements of economic duress
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Pressure of an improper nature
No reasonable alternative |
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One party must perform entirely before the other is due to perform
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Cutter v Powell
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Entire obligations rule may be applied separately to severable parts of a contract
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Taylor v Laird
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Where an act has been substantially performed, the other party may be required to perform, though deductions may be made to cure defective performance
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Hoenig v Isaacs
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