资源描述
Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,LAW OF CONTRACT,Week 3-Lecture 5,EIUSDEM GENERIS RULE,If there is a class of objects including a more general statement then the general will fall within the class of the specific.,Excluding diamonds,sapphires,gold ornaments,and other valuable items.,Genus=precious stones and metals,Thus other valuable items can only mean items falling into that class unless the class is exhausted.,FORMATION OF A CONTRACT,Offer and acceptance,OFFER,Unambiguous statement of the terms upon which the offeror is willing to contract,Auction,Bidder makes offer auctioneer accepts,Display of goods,Ministry for industry and commerce v.Pim(1966),Invite to treat,OFFER,Advertisements,Carlill v.Carbolic Smoke Ball company,Offer cant be made to the world as a whole unless clearly the intention to do so.,ACCEPTANCE,Must accept offer in full,Counter offer,Can accept offer verbally or by action,Western Electric v,Welsh Development Agency(1983),Battle of the forms,Butler Machine Tool Co.v Ex-Cell-Corp(1979),COMMUNICATION OF ACCEPTANCE,Must communicate acceptance unless this right waived,Carlill v.Carbolic Smokeball Co.,Offeror bound when hears from offeree,Communication by post,Effective when posted,Sanderson v.Cunningham(1919),Plaintiff sends in proposal form to broker in Dublin.,Offer,Insurer in London agrees to issue a policy and posts document to broker.,Contract commenced when posted in London therefore UK contract and not Irish,END OF OFFER,Revocation,Before acceptance,Rejection,Lapse of time,Death,INSURANCE CONTRACT,Completion of proposal form is an offer by the proposer to purchase insurance on normal terms and conditions.,Once terms have been agreed contract comes into existence,When negotiations occur problem when contract comes into existence,COMMENCEMENT OF INSURANCE,Agrees who is insured,Agrees what is insured,e.g.details of property in general,Life to be insured,Agrees risk to be covered,e.g.storm,liability,Period of insurance,CONSIDERATION,NATURE OF CONSIDERATION,Required by all contracts except those under seal,Mutuality of obligation,The price a promisee pays for a promise,REQUIREMENTS,Need not be adequate but most be sufficient,Must be valuable,Must not be past,Must move from the promisee,INTENTION TO CREATE LEGAL RELATIONS,Family arrangements,MacKay v Jones(1959),Commercial agreements,FORMAL AND EVIDENTIARY REQUIREMENTS,Normally none for a simple contract.,Evidenced in writing,Contracts to pay debts of another,Land,CAPACITY TO CONTRACT,Minors-persons under 18,Cant enter into valid contracts,unless for the benefit of the infant or for necessaries,Nash v.Inman,Persons of unsound mind,Drunks,Corporations,Ultra vires,CLAIMS,Agreement to settle a claim a contract,Agrees a fixed sum in exchange for releasing insurer form its debts.,Similarly in a court settlement is a contract,Minor has to have protection of court,ANY QUESTIONS?,
展开阅读全文