USEFUL CONTRACTS CASES

USEFUL CONTRACTS CASES - Agreement Carlil v Carbolic Smoke...

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Agreement Carlil v Carbolic Smoke Ball Company (1893) F: 100p reward for curing a cold L: objectively detintent Offer/invitation to treat/mere puff/offer to the public at large United Dominions Trust (Commercial) Ltd v Eggle v Aircraft Services Ltd (1986) Failure to do/refrain from doing = remedy to other pty Def: bi-lateral contracts Australian Woolen Mills P/L v Cth (1963) Unilateral contract defined “duty only imposed w acceptance” Harvey v Facey (1893) Supply of information ≠ acceptance/rejection Dickinson v Dodds (1876) Offeror can withdraw an offer at any time before acceptance, even before end of period Hyde v Wrench (1840) Offereemust accept terms of the offer Counter offer ≠ acceptance Empirnall Holdings Ltd v Mark Machon Paull Partners (1988) Acceptance can be by conduct Bresson v Squires (1974) When postal acceptance rule is displaced Electronic Transactions Act 1999 (Commonwealth)
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Certainty & Completeness Whitlock v Brew (1967) Individual terms (able to be struck down and corrected) Hillas and Co. Ltd v Arcos Ltd (1932) Ability to link to external standards Life Insurance Company of Australia v Phillips (1925) Divisible obligations: severance w/out affecting(saving ambiguous or meaningless contracts) MacCauley v Greater Paramount Theatres Ltd (1922) Waive/removal of uncertainty Godecke v Kirwan (1973) Agreements contain mechanism to complete (discretion retained by a contracting pty) Booker Industries P/L v Wilson Parking (Qld) P/L (1982) Breakdown of mechanism to complete Brance v Cobarro (1974) Reach agreement on terms w intent to be bound – BUT propose restatement of terms Niessmann v Collingridge (1921) Complete agreement and intent but performance conditional upon execution of formal contract Masters v Cameron (1954) LMI Australasia v Bauldersont Hornibrook (2001) Partners intent to be bound immediately, while expecting a further contract to sub 1 st w more terms Intention To Form Legal Relations Ermogenous v Greek Orthodox Community of SA Inc (2002)
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More subjective approach rather than trad not touch approach looks @ intention Balfour v Balfour (1919) Husband and wife “natural love and affection” t/f not intend legal relations
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This note was uploaded on 10/13/2008 for the course LAW 242 taught by Professor Dean during the Three '08 term at Notre Dame AU.

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USEFUL CONTRACTS CASES - Agreement Carlil v Carbolic Smoke...

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