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Spencer V Harding
''Spencer v Harding'' (1870) LR 5 CP 561 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an offer inviting tenders to be submitted for the purchase of stock did not amount to an offer capable of acceptance to sell that stock, but rather amounted to an invitation to treat. Facts The Defendants sent out a circular containing the following wording: The Defendants did not promise to sell the stock to the highest bidder for cash. The Claimants sent a tender to the Defendants which, following the submission of all tenders, was the highest tender. The Defendants refused to sell the stock to the Claimants. The Defendants submitted that the circular was not intended to be a binding offer capable of acceptance. Rather, it was merely a circular inviting others to make offers. The Claimants submitted that the circular did constitute a valid offer and that the Claimant had, by submitting the high ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invitation To Treat
An invitation to treat (or invitation to bargain in the United States) is a concept within contract law which comes from the Latin phrase ''invitatio ad offerendum'', meaning "inviting an offer". According to Professor Andrew Burrows, an invitation to treat is Sometimes a person may not offer to sell their goods, but makes some statement or gives some information with a view to inviting others to make offers on the basis. Likewise, inviting persons to an auction, where goods to be auctioned are displayed, is not an offer for the sale of goods. The offer is made by the intending buyers in the form of bid. Such an offer (bid), when accepted by the fall of hammer or in some other customary way, will result in a Contract. A contract is a legally binding voluntary agreement formed when one person makes an offer, and the other accepts it. There may be some preliminary discussion before an offer is formally made. Such pre-contractual representations are known variously as "invitation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England) Cases
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one another without involving the King. List * Court of Common Pleas at Westminster * Court of Common Pleas (Ireland) * Court of Common Pleas of the County Palatine of Durham * Court of Common Pleas of the County Palatine of Lancaster * Delaware Court of Common Pleas * New York Court of Common Pleas * New Jersey Court of Common Pleas * Ohio Courts of Common Pleas * Pennsylvania Courts of Common Pleas In Pennsylvania, the courts of common pleas are the trial courts of the Unified Judicial System of Pennsylvania (the State court (United States), state court system). The courts of common pleas are the trial courts of general jurisdiction in the ... * South Carolina Court of Common Pleas {{SIA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1869 In British Law
Events January–March * January 3 – Abdur Rahman Khan is defeated at Tinah Khan, and exiled from Afghanistan. * January 5 – Scotland's oldest professional football team, Kilmarnock F.C., is founded. * January 20 – Elizabeth Cady Stanton is the first woman to testify before the United States Congress. * January 21 – The P.E.O. Sisterhood, a philanthropic educational organization for women, is founded at Iowa Wesleyan College in Mount Pleasant, Iowa. * January 27 – The Republic of Ezo is proclaimed on the northern Japanese island of Ezo (which will be renamed Hokkaidō on September 20) by remaining adherents to the Tokugawa shogunate. * February 5 – Prospectors in Moliagul, Victoria, Australia, discover the largest alluvial gold nugget ever found, known as the "Welcome Stranger". * February 20 – Ranavalona II, the Merina Queen of Madagascar, is baptized. * February 25 – The Iron and Steel Institute is formed in London. * F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1869 In Case Law
Events January–March * January 3 – Abdur Rahman Khan is defeated at Tinah Khan, and exiled from Afghanistan. * January 5 – Scotland's oldest professional football team, Kilmarnock F.C., is founded. * January 20 – Elizabeth Cady Stanton is the first woman to testify before the United States Congress. * January 21 – The P.E.O. Sisterhood, a philanthropic educational organization for women, is founded at Iowa Wesleyan College in Mount Pleasant, Iowa. * January 27 – The Republic of Ezo is proclaimed on the northern Japanese island of Ezo (which will be renamed Hokkaidō on September 20) by remaining adherents to the Tokugawa shogunate. * February 5 – Prospectors in Moliagul, Victoria, Australia, discover the largest alluvial gold nugget ever found, known as the "Welcome Stranger". * February 20 – Ranavalona II, the Merina Queen of Madagascar, is baptized. * February 25 – The Iron and Steel Institute is formed in London. * Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Contract
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract. For example, a collateral contract is formed when one party pays the other party a certain sum for entry into another contract. A collateral contract may be between one of the parties and a third party. It can also be epitomized as follows: a collateral contract is one that induces a person to enter into a separate "primary" contract. For example, if X agrees to buy goods from Y that will, accordingly, be manufactured by Z, and does so on the strength of Z's assurance as to the high quality of the goods, X and Z may be held to have made a collateral contract consisting of Z's promise of quality given in consideration of X's promise to enter into the main contract with Y. Elements of a valid collateral con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackpool & Fylde Aero Club V Blackpool Borough Council
''Blackpool & Fylde Aero Club v Blackpool Borough Council'' 990EWCA Civ 13is a leading English contract law case on the issue of offer and acceptance in relation to Call for bids. In it the Court of Appeal of England and Wales decided that tenders and requests for tenders are accompanied by a collateral contract implying that the requestor will give due consideration to any timely bid.Poole (2004) p.45 Facts Blackpool Borough Council ran Blackpool Airport, and gave a licence to a single company to run pleasure flights to and from the airport. Blackpool & Fylde Aero Club had held this licence since 1975, and had been granted it again in 1978 and 1980. In 1983 the current licence was due to expire, and the council sent out letters to seven organisations, including the Aero Club, inviting new tenders to a licence to operate light and heavy aircraft from the airport, requiring a reply to be at the Town Hall 'not later than 12 o'clock noon on Thursday 17 March 1983'. Three organisat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partridge V Crittenden
''Partridge v Crittenden'' 9681 WLR 1204 is an English case, which was heard by the Divisional Court of the Queen's Bench Division of the High Court of England and Wales on appeal from Chester magistrates' court, and is well known (amongst other cases) for establishing the legal precedent in English contract law that advertisements are usually considered to be invitations to treat. Facts This case was a case stated by the magistrates' court sitting at the Castle in Chester on 19 July 1967. On 13 April 1967 an advertisement by the appellant (Arthur Robert Partridge) appeared in the periodical "Cage and Aviary Birds", under the general heading "Classified Advertisements" which contained, amongst others, the words "Quality British A.B.C.R. ... Bramblefinch cocks, Bramblefinch hens 25 s. each". In no place was there any direct use of the words "offer for sale". A Thomas Shaw Thompson wrote to Partridge asking him to send him an ABCR ("aviary bred, close ringed") bramblefin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carlill V Carbolic Smoke Ball Company
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
