Contract Law Summarised; Explanations, Definitions, Cases
Author: Eren
LAW OF CONTRACT SUMMARY, WITH EXPLAINATIONS OF LAW OF CONTRACT DEFINITIONS, AND CASES
Of the various agreements made some are social or domestic; some others are contracts - legally enforceable.
Jones -v- Padavattan 1969 was about an agreement between a mother and daughter ~the mother had promised to support her daughter
during her studies the daughter argued -the judge decided that it had not been intended to be legally binding, so it was a domestic
agreement.
But in Simkins -v- Pays 1995, the mother and daughter had intended to be legally bound by jointly entering a competition to share the
prize won, it was a contract.
In Jones -v- Vernon Pools Ltd. 1938, and also in Appleson -v- Littlewoods Pools 1939, there was an intention to be bound legally, but it
was one-sided; the other had not so intended it to be, for the football pool company showed that the coupon contained the words
'binding in honour only', and it was not enforceable.
A Local Authority did not have to sell a house at the price applicable at time of application -which it was to consider; no offer existed to
accept but an invitation to treat: Gibson -v- Manchester C. C. 1997.
A reward-poster (if a product did not protect against influenza) was Intention to be legally bound, as Offer, and Acceptance too had
Consideration -the essentials of a contract: Carlill -v- Carbolic Smoke Ball Co. 1893.
A Contract is distinguished from other forms of agreement by determining whether it contains those three basic essentials -as matters of
fact, oftener of law.
An agreement is a Contract if it contains the three basic elements of Intention to create Legal Relations, Offer & Acceptance, and
Consideration; but what constitute these, how, and why, or not, are matters, mostly, of precedent; therefore, it is useful, on each of these,
to look at some more of such precedent...
Intention to Create Legal Relations: It is, of course, most unusual when commercial agreements between businesses are made t