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Contract Law Cases: 21 Leading Case on the Law of Contract

Leading cases on law of contract

In today’s post, I will be sharing a list of some of the leading cases on contract law. This is basically to help scholars, lawyers and law students all of the world, find contract law cases so as to enable them consolidate their legal arguments, articles and points in law examinations. If you have been searching for cases to fortify your points in any matter that concerns contract, then search no further. Trust me; this article contains almost all the leading cases on the law of contract.

Leading cases on the law of contract

cases on law of contract

Nonetheless, before I move to the crux of this article, I would like to share some of basic information about the law of contract with you. This is also very pertinent because it will help you to understand the cases that will be mentioned here wholesomely. So what is a contract?

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What is a contract?

Contract has been given different definitions by different people. According to Sir Fredrick Pollock , A contract is a promise or set of promises which the law will efforce. More so, the American Law Institute gave an elaborate definition in their paper titled “ Restatement of American Law: Contracts ” when they defined contract as “ a promise or set of promises, the breach of which the law gives a remedy, or performance of which the law in some way recognizes as a duty.” 

In my view, “a contact is an agreement giving rise to obligations which are enforced or recognized by law”. Conversely, it should be noted that while every contract is ultimately an agreement, it is not every agreement that is a contract.

Characteristics of a contract

Below are some of the characteristics of a binding contract:

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Classification of Contract

Latest Contract cases

Latest Contract cases

Basically, contract is classified into Simple contract or Formal contract. The two classifications of contract will be explained explicitly below:

Simple contract:

A simple contract is also called an informal contract. It is a contract, whether writen or oral, which is not under seal. It can also be implied from the conduct of parties. Simple contract are not binding except there is consideration. In a simple or informal contract, only a party who has furnished consideration can bring an action to enforce the contract.

Formal contract:

On the other hand, a formal contract is a contract which is reduced to writing, singed by parties contracting and impressed with a seal. It is also called a specialty contact or a deed. The basic features of a formal contract is to that it must be signed, sealed and delivered. These actions constitute the execution of a deed.

Now that you known what a contract is, the various types of contract and the characteristics of a contract, we will now see some of the leading cases in contract law.

Contact law cases

Below are some of the cases in the law of contract:

Carlill v Carbolic Smoke Ball Co

Andrews v hopkinson, fisher v bell, spencer v harding, central london property trust ltd v high trees house ltd, brodgen v metropolitan railway co., lampleigh v braithwaite, roscolar v thomas, stevenson v mclean, eastwood v kenyon, white v bluet, combe v combe, dela bere v pearson, read v dean, bournemouth athletic football club ltd v manchester united football club, tinn v hoffman & co, couturier v hastie.

Griffith v Brymer

Darkin v lee, startup v macdonald.

Yeah! Those are some of the leading cases in contract law. Nevertheless, as we continue, will be sharing with you the case summary of each of the cases mentioned in the list above with their citations. I enjoin you to read painstakingly so that you will achieve your purpose for reading this work. Now, below is the case summary of the leading cases in the law of contract.

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Citation : [1893] 1 QB 256

The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. In this case, the defendant were proprietors of a medical preparation called “ The Carbolic Smoke Ball” . They advertised in various newspapers and magazines offering to pay €100 to any person who contracted influenza after using the ball three times a day for two weeks.

They added that they had deposited €1,000 at the Alliance Bank, Regent Street, to show their sincerity in the matter. The plaintiff, a lady, used the ball as was advertised and was attacked by influenza. She sued for €100 and the company agured that there was no intention to create legal relations.

The court held in favor of the plaintiff and said that the fact that €1,000 was deposited at the Alliance Bank, shows that there was an intention to create legal relations.

Citation: [1956] 3 All ER 422

The case of Andrews v Hopkinson is one of the contract cases that explains where a collateral contract will fail with the main contract. Apparently, a collateral contract is a preliminary contract which is usually oral and forms the reason or the inducement for the making of another related contract.

In the case of Andrews v Hopkinson, the collateral contract failed with the main contract. Here, a dealer said to the plaintiff, “ It is a nice little bus, I would stake my life on it. You will have no trouble with it. ” The plaintiff entered into a written hire-purchase contract with a finance company. The car was not roadworthy. The court held that the dealer was liable.

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Citation: [1960] 3 All ER 731

The case of Fisher v Bell is a contract case that is usually used to explain the difference between an invitation to treat and an offer. In this case, the respondent, shopkeeper, displayed a knife with a price tag. He was charged for offering to sale a knife contrary to section 1(1) of the Restriction of Offensive Weapons Act 1959 .

The question that arose for determination in court was whether the display of this knife constituted an offer for sale within the meaning in the Restriction of Offensive Weapons Act 1959. It was held by the Court of Appeal that the display was an invitation to offer and so the shopkeeper was not liable.

Citation: [1870] LR 5 CP 561

In Spencer v Harding, the defendant sent out circulars inviting tenders to buy stock. The Plaintiff claimed that the circular was an offer to sell the stock to the highest bidder and that they had sent the highest bid which the plaintiff had refused to accept.

The court held that the circular was an invitation to treat and not an offer. Wiles J said thus: “ It is a mere attempt to ascertain whether an offer can be obtained within such a margin as the seller are willing to accept.”

Citation : [1947] KB 130

The case of Central London Property Trust Ltd v High Trees House Ltd is also one of the leading cases in the law of contract. This case changed the former rule of law in pinnel’s case. The case is usually referred to as the High Trees case or principle of Equitable Estoppel.

In Central London Property Trust Ltd v High Trees House Ltd, the plaintiff least a block of flat to the defendant at a rent of €2,500 per annum in September 1939. In January 1940 the plaintiff agreed in writing to reduce the rent by half because of war condition which had caused many vacancies in the flats. No express limit was set for the operation of this reduction.

From 1940 to 1945 the defendant paid the reduced rent. In 1945, the flats became fully occupied again. The plaintiff’s company then claimed the full rent, suing for rent at the ordinary rate for the last two quarters of 1945.

It was held by Lord Denning that, as agreement for the reduction of rent had been acted upon by the defendants, the plaintiff were estopped in equity from claiming the full rent from 1941 until early 1945 when the flats were fully let.

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Citation: [1877] 2 AC 666

This is one of the contract cases that is offen cited to backup the rule that a contract can be made by conduct. In this case, Brodgen had for many year supplied the defendant company with coal without a formal contract. Brodgen then suggested that the relationship be regularised through a formal contract. Metropolitan’s agent sent a draft agreement to Brodgen who inserted an Arbitrator’s name in the space provided for it, signed it and wrote it away in his drawer and nothing further was done to complete its execution.

Both parties acted on the strength of the terms contained in the draft, supplying and paying for the coal in accordance with its clauses until a dispute arose and Brodgen denied that any binding contract existed between them. The house of Lord’s held that a contract arisen by conduct.

Resent cases on contract law

Resent cases on contract law

Citation : [1615] Hob 105

In this case, the defendant, Braithwaite, had killed Patrick Mahume. He then requested the plaintiff to do all he could to obtain a royal pardon for him from the king. To this end, the plaintiff exerted himself and undertook a lot of journeys to and from London, incurring certain expenses.

He succeeded in obtaining the pardon and the defendant promised to pay him the sume of €100 for his trouble and expenses. It was held that the plaintiff was entitled to the sum as his services were procured at the defendant’s previous request an in circumstances in which it was responsible to expect that payment would be made for the services. Accordingly, there was consideration for the defendant’s promise.

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Citation: [1842] 2QB 234

To wholesomely discuss past consideration as a topic in the law of contract, the case of Roscolar v Thomas must be mentioned. In this case, the plaintiff bought a horse from the defendant. After sometime, the defendant promised the plaintiff that it was a sound horse, free from vice. The horse was in fact a vicious horse. The plaintiff sued the defendant for breach of promise.

It was held that the action will fail. If the promise had been given at the time of the sale, it would have been supported by consideration, but since it was given after the sales had taken place, the consideration which the plaintiff furnished was past and he had furnished no new consideration for the defendant’s promise.

Citation: [1880] 5 QBD 346

In Stevenson v McLean, the defendant offered on a Sunday to sell the plaintiff some quantity of iron. The offer was left open till close of business on Monday. On Monday, the plaintiff telegraphed ro ask for information. On that same Monday, at 10:00am, the defendant received a telegram but didn’t reply it. On that same day, the plaintiff accepted the original offer at 1.34pm. At 1.25pm the defendant revoked the offer by telegram. At 1.46pm the plaintiff received telegram of revocation.

On hearing the matter, the court held that the plaintiff first telegram was not a counter offer but a mere inquiry, so that the offer was still open when the plaintiff accepted it. The plaintiff had accepted the offer before the defendant’s revocation was communicated to him.

Citation: [1840] 11 Ad & El 438

Eastwood v Kenyon is the case in contract that is used to explain that moral obligation does not amount to consideration. In this case, the death of John Sutcliff left his infant daughter as his sole heiress. The plaintiff, as the girl’s guardian, spent money on her education and for the benefit of the estate, and the girl, when she came of age, promised ro reimburse him.

She then married the defendant, who also promised to pay. The plaintiff sued the plaintiff on this promise and the court dismissed the action, reiterating the rule that moral obligation does not amount to consideration. The court noted that if the notion is accepted it would destroy the requirement of consideration as the law requires an additional element to the defendant’s promise. That element is consideration and it cannot be a mere moral obligation.

Citation: [1853] 23 LJ Ex 36

The case of White v Bluet explains the position that consideration in contract need not to be adequate by sufficient. In this case, a sun owned his father a sum of money. Subsequently, the sun harassed his father with frequent complaints about the way his father distributed his wealth among his children which was unfavorable to him.

The son then alleged that his father promised him that if he would stop complaining, he (the father) would discharge him from the debt and he stopped. The question before the court was whether this action of the son constituted consideration for the father’s promise. The court held that it did not because:

The father had a right to distribute his property in any manner he liked and so the son had no right to complain in the first place.

The son had no right to complain; thus is abstaining from doing what he had no right to do constituted no consideration for the father’s promise.

Citation : [1951] 2 KB 213

This is a contract case where the court held that consideration is an essential element of a binding contract. Here, a wife started proceedings against the husband for divorce and she obtained a decree nisi against the husband. The husband then promised to pay her an annual allowance of €100 free of tax as a permanent maintenance for her.

After the decree nisi was made absolute, the husband never kept his promise. Thereupon the wife brought an action against him to make him pay the money. The court held that she didn’t offer consideration for the husband’s promise.

Citation : [1908] 1 KB 280

In this case, the defendant placed an advertisement in the newspaper to give financial advice to readers. The plaintiff wrote, asking for the name of a good stockbroker. The editor negligently recommended someone who was an undischarged bankrupt.

On the strength of the editor’s advice, the plaintiff sent some money to the broker, who misappropriated it. The plaintiff brought an action in court seeking to recover his money from the the newspaper. The issue in court was whether the plaintiff furnished any consideration.

The court considered that many people bought newspaper because of that publication. It further held that the plaintiff had furnished consideration for the contract. The defendant could and did benefit from the plaintiff buying the newspaper and the plaintiff had also consented to the publication of his question in the defendant’s newspaper if the defendants wished to do so.

Citation: [1949] 1 KB 188

In the case of Read v Dean, the plaintiff hired the defendant’s moto launch for a holiday with his family on the river Thames. Two hours after he had set sail, the launch caught fire.

The firefighting equipment provided in the launch was out of order and the plaintiff suffered serious injuries and lost all his belongings on board. It was held that there must be implied into the contract of hire an undertaking by the defendant to make the launch as fit for the purpose of the hiring as reasonable care could make it, and that the defendant was therefore liable.

Citation: Vol Xi (2) Student Law Report 22

The case of Bournemouth Athletic Football Club Ltd v Manchester United Football Club is another popular case in the law of contract. In this case, a transfer agreement was made between the two football clubs. Under it, a footballer was to be transferred from Bournemouth to Manchester united for €194,445 in addition, a further sum of €27,777 was to be paid to Bournmouth if the footballer scored 20 goals in the first-team competitive matches. From October to December 1972, the football scored 4 goals in 11 matches. In December, Manchester United appointed a new manager who re-organised the team.

As a result, the footballer was transferred in early 1973 to Westham United Football club for €170,000. The plaintiff argued that the contract of the defendant in transferring the footballer was in Breach of the contract because there was an implied term in the contract that the footballer was entitled to a reasonable opportunity to score the goals. The court of appeal held that such term must be implied in order to give business efficacy to a contract.

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Citation: [1873] 29 LT 271

The court in Tinn v Hoffman & Co held that a cross-offer does not constitute a contract.

The facts of the case are as follows: the defendant wrote to the plaintiff offering to sell him 800 tons of iron at 69s per ton. The plaintiff wrote to the defendant, on the same day offering to buy 800 tons of iron at 69s per ton. The letters crossed in the post and the court held that there was no contract.

Citation: [1856] 5 HLC 673

This is the leading contract law case that stipulates the position of the law where there is a mistake as to the existence of the subject matter of the contract. In Couturier v Hastie, a man bought a cargo of corn which he and the seller thought at the time of the contract, to be in transit from Salonica to England, but which, unknown to them had become fermented and had already been sold by the master of the ship to a Tunis. It was held that the contract was void and the buyer not liable for the price of the cargo.

In the words of Lord Cranworth , “ The contract plainly imports that there was something which was to be sold at the time of the contract and something to be purchased. No such thing existing; I think the Court of Exchequer Chamber has come to the only reasonable conclusion upon it . ..”

Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd

Citation: [1915] AC 847

This is one of the leading contract cases that is associated with the principle of privity of contract. The principle states that only a party to a contract can enjoy right or suffer burdens partaining to the contract.

In Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd, the plaintiff sold tyres to a certain dealer on the understanding that he would not re-sell below a certain price and that in the event of a sale to customers the dealer would extract the same promise from them.

The dealer sole the tyres to Selfridge who agreed to observe the restrictions and to pay Dunlop €5 for each Tyre they sold below the restricted price. Selfridge in fact sold the tyres below the restricted price to a customer and Dunlop brought an action against them to enforce the promise to pay €5 per tyre, for each breach.

It was held that while Selfridge had committed to breach the contract between him and the dealer, Dunlop was not a party to this contract and had furnished no consideration for the defendant’s promise.

Citation: [1903] 19 TLR 434

This is one of the cases under Mistake as a topic in contract law. In Griffith v Brymer, a contract was made for the hire of a room on 26 June 1902, the day fixed for the coronation of King Edward VII, for the purpose of viewing the coronation procession.

At the time the contract was made, it was unknown to the parties, the decision to postpone the coronation had already been taken. Since the contract was merely for the hire of the room on 26 June to view the coronation procession, performance was impossible. The contract was held to be void.

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Citation: [1916] 1 KB 566.

This contract case explains the principle that where a party who performed his obligation defectively but substantially can sue for the contract price, but he will be liable to have deducted from the price the cost of making good the deficiency.

In Darkin v Lee, the plaintiff contracted to carry out repairs on the defendant’s house. He carried out the repairs but the work was not done in accordance with the contact’s specification. It was held that the plaintiff was entitled to be paid the agreed sum subject to a deductive equal to the cost of putting the defect right.

Citation: [1843] 6 M & G 593.

The rule of law in Startup v Macdonald is that; where the obligation under a contract is to deliver goods or render services, tender of such goods and services which is refused, discharges the party making the tender from any further obligation and enables him to sue for a breach of contract.

In Startup v Macdonald, the plaintiff agreed to sell 10 tonnes of oil to the defendant within the last 14 days of March. Pursuant to this agreement, the plaintiff delivered the oil to the defendant at 8:30pm on 31 March, a Saturday, but the defendant refused to accept the delivery because of the lateness of the hour.

It was held that the plaintiff made a valid tender of the goods and therefore discharged his obligations under the contract and the defendant was therfore liable in damages for non-acceptance of the goods.

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Final words

Those are some of the leading contract law cases you should know. Hope this article was able to give you exactly what you wanted. If you have any case you were really expecting to be in this list but was not mentioned here, kindly let us know using the comment section. Accordingly, share you comments and questions in the comment section too. I will be very glad to give you a reply.

case study for law of contract

Edeh Samuel Chukwuemeka ACMC , is a Law Student and a Certified Mediator/Conciliator in Nigeria. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier.

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5 Classic Contracts Cases Made Easy for 1Ls

First-year contracts class is where some of the most classic law school cases can be found. Hairy hands? Chicken? You'll remember these wacky situations years later.

So let's take a quick break from the case books and try a somewhat more entertaining approach to a few of the all-time classic cases from Contracts...

1. Hawkins v. McGee (New Hampshire 1929)

The "hairy hand" case is known even among non-law students because it appears in The Paper Chase , which you watched to prepare for school, right? Hawkins' hand was scarred nine years earlier. He went to Dr. McGee to fix it; McGee promised "a one hundred percent good hand." McGee used skin from Hawkins' chest to repair the scar. Not only didn't it work, but Hawkins' hand grew thick hair on it. The case is notable (not just for the hairy hand) because the court used "expectancy" as the value of Hawkins' damages; that is, the value of a "one hundred percent good hand."

2. Hadley v. Baxendale (English Exchequer Court 1854)

Hadley operated a mill that ground grain into flour. One of the wooden shafts that operated the mill broke, so he had it sent off for repair, using Baxendale to deliver the shaft. Baxendale failed to deliver it to the repair company on time, causing Hadley to lose business. Hadley sued for the profits he lost after the expected delivery date. The court held that these types of damages, called consequential damages, could only be fairly levied if both parties were aware of them at the time the contract was made. If there were special circumstances -- such as that Hadley would lose money if the delivery were late - then he had to let Baxendale know beforehand.

3. Frigaliment Importing Co. v. BNS International Sales Corp. (New York 1960)

"What is chicken?" An epistemological quandary lies at the heart of this case . BNS sold chickens to Frigaliment. When the chickens arrived, Frigaliment discovered they were "stewing hens," not "broiler chickens," the former being lower-quality. BNS was a German company, and in German, the English translation of "chicken" can mean either type of chicken; BNS claimed that "chicken" always means "broiler chickens." This case is about determining the definition of a word when each party has a different interpretation of an ambiguous word. The court ultimately dismissed the case, as Frigaliment didn't prove its definition should control.

4. Carlill v. Carbolic Smoke Ball Co. (Queen's Bench 1893)

The carbolic smoke ball was a device the eponymous company assured could prevent anyone from catching influenza. It was so confident, in fact, that its advertisement for the carbolic smoke ball offered a reward of £100 to anyone who contracted influenza after using it as directed. Mrs. Carlill used it and still contracted influenza. She wrote to the company asking for his reward, but they refused to pay, so she sued. The court held that the advertisement was a unilateral contract and normally, Carbolic would need notice that Mrs. Carlill accepted by purchasing. However, because this was a mass advertisement, no such notice was required.

5. Hamer v. Sidway

"Consideration" is a tricky subject in first-year contracts. Sidway was the executor of William Story's estate. Story promised his nephew $5,000 if the nephew would refrain from smoking, drinking, swearing, and gambling until he turned 21. The nephew turned 21, then wrote to his uncle that he had fulfilled the agreement. Story promised to pay, but died shortly thereafter. Through a series of assignments, Hamer ended up with the right to the money. The court decided that the nephew should have received the money. Consideration can be forbearance of something that someone is lawfully permitted to do; here, the nephew gave up things that he was allowed to do in exchange for $5,000. (The best question, though, is what Story got in exchange. Happiness? Knowledge that his nephew wouldn't screw his life up? It's not really clear.)

Got suggestions for cases we missed? Tweet us @FindLawLP .

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Definition of contract law, what is contract law, laws governing contracts, anticipatory breach vs. actual breach, elements of a legally binding contract, consideration, breach of contract in failed surgery, related legal terms and issues.

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Law of Contract Case Study

Introduction

Law of contract Case Study is defined as, a contract is an agreement between two or more parties to offer a service, provide a product or commit to an act and is enforceable by law. It is an expressed agreement which comprises of six elements which make it a binding and a legal document. The law of contract case study states that for an agreement to be upheld by the law, it must comprise of acceptance, an appropriate offer, consideration, the intention of both parties to enforce the contract and objects of the contract as well as capacity (Cheshire & Fifoot, 1972). An offer details specifically what will be provided in the law of contract case study. Acceptance is termed as an element which comprises of the agreement by the other party to the offer presented. Consideration refers to the mutual interest for example money; that is being exchanged between the involved parties. The law of contract states that, for a contract to be valid, the parties involved must meet the age criteria and have a sound mind. The law of contract case study is concerned about the legal enforceability of promises (Corbin, 1925, p. 572).

Features of contract validity

In Carlill v carbolic smoke ball case, the company had manufactured carbolic smoke ball and then went ahead to advertise it as an influenza preventive measure. In the advertisement, the company included that any person who used their products but still infected with influenza would be paid 100 pounds. Further, the advertisement included that it had deposited 1000 pounds to demonstrate its seriousness in preventing influenza.  After seeing the advert, Mrs. Carlill bought the smoke ball and used it as directed by carbolic instructions. However, she later contacted the influenza flu despite adhering to the product instructions. Mrs. Carlile then filed a lawsuit again the owners of carbolic smoke ball company to recover the 100 pounds. The owners of the company (defendant) argued that the advert did not qualify for an offer. Secondly, the defendant outlined that it was impossible to present an offer to the whole public. Thirdly the company argued that the statement in the advertisement was wordy and did not state the time limit for contracting the flu and hence it was too vague to constitute an offer. Additionally, the company outlined that it did not receive notifications of acceptance from the plaintiff. Lastly, the company argued that no considerations were made and did not specify if the user of the balls must have bought them (McGinnis, 1988, p.130).

In the law of contract case study, the court of appeal held against the defendant and stated that the plaintiff was to receive the advertised reward since the advertisement was an offer of a unilateral contract. This type of contract was enforceable since Mrs Carlill had accepted the offer by performing the conditions specified in the offer which were to use the ball three times in a day, consistently for two weeks. The court argued that, the advert demonstrated the intention of the defendant to keep the promise by depositing 1000 euros in the alliance bank and that the advertisement was not an invitation to treat but rather an offer. Secondly, the court ruled that an offer can be made to the whole public and it can result in a unilateral contract by the public accepting the offer through adhering to the product instructions and user guidelines. Acceptance of the unilateral contract is not communicated by the offeree to the offerer because acceptance is through full performance (Barnett, 1986).

This case was considered as a valid contract since it constituted of an offer, acceptance, intention, consideration, sanity, and capacity and therefore it was not a mere invitation to treat. The case had all main elements of a contract and hence making it legally valid based on the law of contracts. An invitation to treat does not meet the requirements of being a valid contract since there is no offer. The court ruled out on the consideration that the company was a promisor and Mrs Carlill was the promisee if carbolic smoke ball company had promised to give out 100 pounds to the smoke ball users who still contacted the influenza flu. An invitation to treat entails an invitation for customers to submit an offer. The advertisement in the case did not invite for customers to make an offer for the purchase of the smoke balls while the advert indicated the willingness of the defendant to enter into a contract with the consumers of their products.

Consideration of a contract

Consideration in the law of contract refers to the mutual benefit or asset to be exchanged by the involved parties. It can also be defined as the price that one party agrees to compensate the other binding party in order to make the agreement enforceable. A valid consideration must result in gaining something from the other party involved. The law of contract protects the promisee’s reasonable expectation of performance. The court assesses the expectations and considers the reasonable position of the promisor. Considering Marcus v. Florence case, Florence owed an unsecured loan debt to Marcus ( plaintiff) when Marcus asked for security, Florence promised to provide a piece of land as an asset but never gave it out (Treitel, 2003). When Marcus (plaintiff) tried to impose the agreement for the provision of the security, Florence (defendant) however argued that Marcus had not put forth any consideration. The court ruled out that the plaintiff can promise not to enforce the debt. But it did not. The plaintiff had shown forbearance and hence making it a valid consideration. Therefore, the agreement on provision of security was binding.

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In another incident, in Strathmore University, the police were on their normal line of duty in protecting the campus assets during student’s strikes and boycotts. The owner of the school promised to pay for a police station to be stationed somewhere near the school so that they can take charge when during strikes to prevent the students from destroying the campus assets. The police comprehended and acted, but the time for inquiring for compensation as promised, the campus proprietor denied releasing the payments claiming that the police was carrying out their normal duties. However, the court ruled that although the police had the role of providing protection, there was discretion as to the form it should take as they had performed extra services. The supplementary services offered by the police acted as an appropriate consideration for the promised money. Therefore the police were entitled to the payment as the agreement was legally binding (Hale, 1943, p. 512).

Ultimately, any act carried out before the giving of a promise to offer some goods or make some payments can be at most times a consideration for the promise (Williston, 1914). However, the act must have been conducted when the promisor requests. Promises done in advance are bound to be considered or met. If this is not met, then the consideration is declared past. To illustrate in a case, a farmer hired any employee to plow his farm later when the employee was done, the owner of the firm promised to pay him $ 400, and they signed a document to this effect. When the employee demanded the payment, the farm owner refused to pay up. However, the court ruled that, since the work was covered as a whole in advance, the promise was void since it is past consideration. The law of contract rules out that the consideration must not be past, should move from the promise, part payment of liabilities is not a valid consideration, it should be sufficient and more so adequate.

Donoghue v Stephenson case

It is also termed as the snail in the bottle case which is an important case in the western law. It was instrumental in shaping the law of tort and doctrine of negligence. The case is about two friends, Mrs. Donoghue and her friend, who bought a ginger beer and ice cream in a café. The content of the package was not observable because the package of the beer was translucent. Mrs. Donoghue drank some of the beer and dispensed the remaining over her ice cream, and suddenly a rotten snail floated. Mrs. Donoghue suffered personal injury as a result of shock. She went ahead and filed a claim against the ginger beer manufacturers (Smith & Burns, 1983, p. 140).

The main issue here was whether the manufacturer owed a duty of care to Mrs. Donoghue in the absence of any contact between them. She took action to determine whether the manufacturing company owed her any compensation due to the injuries she suffered. During that time in the western law, for one to be compensated for such damages, there was a need for an established contractual relationship. Earlier case held that due to lack of a contract to represent the claims, the industrialist was in no position to pay for any damages caused by consumption of its products. Mrs. Donoghue, however, took her claims to House of Lords, unlike the other complainants. She won the case and hence the law of negligence was established as well as the neighbor test.

The neighbor principle

The neighbor principle arose from Mrs. Donoghue case. The principle was by Lord Atkin. Articulated that who said that that people should take reasonable measures and precautions to avoid omissions, which can injure our neighbors. He went on further to question on who our neighbors were.  In his reasoning, he depicts a neighbor as the person who is directly or is most likely to be affected by our actions and omissions. Therefore Atkin imposed the liability in negligence of the owner of the cafe defining that the duty to care for the customers lay in the hands of the café owner. He also outlined the factors of the duty of care.

The neighbor principle, therefore, allowed for the filling of claims related to negligence if any party suffered any injuries. About the principle, liability tort and negligence identified the parties to whom any duty of cared owned in any critical situation as well as the parties who were close enough to be affected by omissions and negligent act (Veljanovski, 2007). Although the principle does not open all the doors for negligence claims, it is effective enough to ensure that all people owe a duty of care to those that are bound to be directed by our omission and negligence for example in the case of Mrs. Donoghue.

Tests are to determine whether someone is employed or self-employed.

There are three tests which are carried out to determine the status of employment. It is very vital to ascertain the employment status regarding whether they are self-employees or employees. This is important because some employee rights come from the outcome of being an employee. An assessment on what is required by the law for a worker to be termed as an employee begins with a couple of common law tests established by the courts to aid in the identification of the availability of the employment contract. An employee commits to an agreement which is the legal form of contract between parties, and it’s enforceable by the law.

These tests above comprises of the test of control, multiple, and integration tests. In details, the test of control focuses on defining who has the right to take control over what must be done and how it must be done this test base on the idea that self-employed personnel’s are bound to take charge of their work sufficiently than an employee. However, people who work under strict supervision and monitoring are more likely to be classified as employees. The integration test is used to explain why expertise workers were granted autonomy in carrying out their duties. Many researchers have had it that, an individual is recruited as part of the organization under service contract and is integrated into the organization. In contradiction, under a contract of service, work done for an organization is not integrated within.  The multiple/mixed test focuses on the right of the worker to assign duties to another worker as well as risks and losses financial risks which are negated under the contract of service, that is, the worker is regarded as an employee.

In conclusion, the law of contract is essential in every business agreement. Before signing any contract, all parties should consider all elements provided by the law of contract to create a valid and enforceable contract. Abnormalities and lack of understanding of the essentials of a valid contract may result in unnecessary suits or invalidation of the whole contract which might lead to loses. Additionally, the law of contract makes sure that every party involved meets the end of the bargain and hence prevent conflict of interest.

Bibliography

Barnett, R.E., 1986. A consent theory of contract.  Columbia Law Review ,  86 (2), pp.269-321.

Cheshire, G.C., and Fifoot, C.H.S., 1972.  The law of contract . Butterworths.

Corbin, A.L., 1925. The Effect of Options on Consideration.  The Yale Law Journal ,  34 (6), pp.571-590.

Hale, R.L., 1943. The Supreme Court and the Contract Clause.  Harv. L. Rev. ,  57 , p.512.

McGinnis, J.D., 1988. Carlill v. Carbolic Smoke Ball Company: Influenza, Quackery, and the Unilateral Contract.  Canadian Bulletin of Medical History ,  5 (2), pp.121-141.

Smith, J.C., and Burns, P., 1983. Donoghue v. Stevenson—The Not So Golden Anniversary.  The Modern Law Review ,  46 (2), pp.147-163.

Treitel, G.H., 2003.  The law of contract . Sweet & Maxwell.

Veljanovski, C.G., 2007. The Economic principles of law . Cambridge University Press.

Williston, S., 1914. Consideration of Bilateral Contracts.  Harvard Law Review ,  27 (6), pp.503-529.

Wong, E., 2005.  Invitation to Treat: The Eleanor Wong Trilogy . Firstfruits.

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Need Help with Contract Law Case Study? Here Are the Best Samples and Examples

Contract law is basically a legally enforced agreement. This agreement is made between two or more parties. They assume a legal obligation that has to be completed. Many things that are related to this law, such as buying a car, renting a property, and joining a workplace. This is a very important branch for students enrolled in law courses. If you are a legal student struggling to prepare a case study on contract law, then, avail help from Assignment Prime. We provide the best contract law case study .

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Before, we look into how we can help you with this, let us take a look at the contract formation. This is because it is the contract formation that acts as a foundation for your contract law case study.

What Are the Elements of a Contract Law Formation?

A contract law includes five essential elements in it, which are described below. Keep these elements in your mind while writing a case study in contract law to ensure it is of the right formation.

To establish a valid contract, the first step is to create an agreement that binds both the parties. Here in the agreement, an offer is made by one party which is accepted by other parties. This cannot be a unilateral contract. If you are writing a contract law case study, then ensure you include this point in it.

Consideration

This is the value exchanged between the parties. It can be any cost, property, or service that one party offers to the other in exchange of their offer. This is the value requested and offered between two parties undertaking the contact formation. Don’t know how to write a consideration? Refer to our contract law case study examples.

This is the ability of a person to enter into any legal agreement. People, under a certain age, having some medical conditions or under psychoactive substances are not eligible to get into any legal binding under some circumstances. Do you have any questions regarding this, then avail our services to get contract law case study answers.

The intention of all parties to enter into a legal binding is very important for this agreement. All the members of the parties should have the intention to enter into this legal relationship. If you don't know your professor's expectations for writing an impressive contract law case study, then reach to us.

Formalities

The legal contract binding requires some formalities to be fulfilled. The agreement should be clear, complete and certain for binding. Oblivious about writing a case study in contract law? Don’t worry; our expert writers can get you out of this.

These are the five important elements of a contract law formation. Do not forget to include these in your contract law case study.

If you are struggling with choosing a topic for your case study, then you need to look at what our experts have brought for you. Contract law termination, a crucial and interesting topic for your case study on contract law. Now, let us look into the conditions for contract law termination.

What Are the Conditions of Termination for a Contract Law?

According to the common law, every legal agreement should come to an end. That is, there should be either a fixed time period or another way out to complete it. This is known as contract law termination. It can help you write an effective case study. So, include these three categories of termination of the contract law case study.

Grant an Express

In this type of agreement, there are three conditions under which both parties agree to terminate the contract.

This grant an express should be mentioned in the contract to ensure it is legal to terminate. Do not miss this point in your case study on contract law.

Implied Termination Right

In case ‘grant an express’ is absent in the contract, the court finds out that this includes implied right of one or both parties to terminate it. In such a case, it is required to provide notice of termination. You should surely discuss this in your contract law case study to impress your professor.

Subsequent Agreement

In this type of contract termination, both the parties should willingly approve of releasing the other party from their obligations in the contract under some conditions.

Assignment Prime is an online assignment writing service provider which caters the academic need of students.

Factors Affecting the Termination of Contract Law

Here are some factors of employment relationships that the court considers for the termination of a contract if it does not include the right. Do not miss these factors of termination in your case study in contract law.

In case of absence of the right to terminate, a situation of breach arises, then the innocent party can terminate the contract. This termination again depends on the classification of the terms like condition, warranty and intermediate-term. If you are unsure how to discuss breach in your case study on contract law, avail our service. Our writers can help you with it.

Failure of Contingent Condition

If both the parties have signed a contract related to an event for which they cannot ensure of occurrence, then it may lead to the failure of contingent condition. Both the parties should give their best and try to fulfill the condition to avoid the termination of the contract. Oblivious of the contingent conditions, don’t worry. Experts of contract law case study can discuss them in your work.

Repudiation

If one party is unwilling or is unable to perform or meet the obligations of a contract, then the other party can terminate the contract under some conditions. Don’t know what those conditions are? Look into our contract law case study examples .

Frustration

When without the acknowledgement or fault of either party, a contractual obligation has become incapable of being performed, then frustration occurs. Frustrated with the law of contract case study and solution for this? Avail help from Assignment Prime , and we will take care of it.

It is based on the terms of the contract whether a delay can give rise to the termination of that contract. Avail our services and get contract law case study answers to know those terms that can result in the delay and the termination of the contract.

These are the five situations where, in the absence of the right to termination in a contract, the court can take charge of terminating the document. If you are stuck with your contract law case study, Assignment Prime is your go-to.

Why Should Students Take Contract Law Case Study Help from Assignment Prime?

Students face many troubles when it comes to writing a case study on contract law. This is where our expert writers come into the picture. They ensure you get the best quality work delivered. Wondering how? Here we go.

Here are the elements of a contract law to include in a contract law case study. Our writers ensure these elements are well written.

Introduction Clauses

This is the introduction part of your contract. This begins with a sentence like ”This agreement is made on...”. It comprises of date, name of the two parties and other information.

Defining Parties and Key Terms

Here, you discuss the parties. There should be two or more than two parties. Give details of both the parties and include the key terms of the contract.

Statement of Purpose

This is the time to state the purpose of this contract. Give a short and simple statement describing it.

Obligations of Each Party

Here, you mention the obligations of the involved parties. You can include them in detail. This is the key point of your case study on contract law.

Assurances and Warranties

This section is dedicated to the assurances part of the contract. Include all the necessary warranties related to the contract in detail.

Attachments

Then comes the segment of attachments. Attest any necessary attachments to the contract from each party and ensure it is safely pinned.

Signature Block

This is the last segment of your legal contract. Here, you get the signature of the members of each party, ensuring they have clearly read the contract and are willing to approve its application.

These are the seven elements of the ideal format of a case study in contract law. Our writers use this format for your document.

Legal terms

Here are some essential legal terms to keep in mind and not get confused about while writing a contract law case study. Our writers have years of experience and are well versed with these.

The format and legal terms of a contract are the important elements to perform a case study on this. So, if you are a legal student, struggling with your case study on contract law, then we can help you with it.

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Legal Bites

Contract Law - Notes, Case Laws And Study Material

Contract law is a form of civil law. the chief component of the contract law in india is the indian contract act, which was enacted in 1872 and enforced on september 1, 1872. from arbitration enthusiasts to budding sports lawyers, the knowledge of contract law is indispensable to every law student. legal bites has created the most comprehensive course..

Contract Law

Contract Law is a form of civil law. The chief component of the contract law in India is the Indian Contract Act , which was enacted in 1872 and enforced on September 1, 1872 .

From arbitration enthusiasts to budding sports lawyers, the knowledge of contract law is indispensable to every law student. Legal Bites has created the most comprehensive course on Contract Law you'll find online. The fifteen modules of the study material not only cover the ins and outs of the Indian Contract Act but also provide an excellent analysis of key concepts like bailment, partnership, breach of contract, indemnity, etc.

Additionally, a 10-part series of important questions based on the syllabus of major university-level and competitive exams has been created to help students master the nuances of contract law.

Important articles and study material on Contract Law – Click on the links to Read:

Important Books and Practice Tests (Must Have)

Module VI: Performance Of Contract And Discharge

Module VIII

Module XIII: Specific Relief Act

Module XIV: Sale of Goods Act

Module XV: Partnership Act

Other articles

Doctrine of Restitution

All you need to know about Contract of Indemnity

Law of Contract Mains Questions Series: Important Questions for Judiciary, APO & University Exams

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case study for law of contract

case study for law of contract

9 Cases That Should be on Your Fingertips While Studying Contracts

case study for law of contract

This article is written by Wardah Beg , student, Faculty of Law, Aligarh Muslim University

Introduction 

Dear reader,

You probably are in your first year, trying to get a grip of the immensely overwhelming law-school atmosphere around you. Or it has been long and you want to see how much you remember from your very first contract classes here. Or you are not in a law school, but contracts fascinate you? (Let’s just admit here that the chances of that one are extremely low). Whoever you are, I hope you benefit from this attempt to summarize nearly the most important cases in Indian Contract Law, with obvious references back to the Common Law of England. To make these cases easier to learn and memorize, I have added some keywords at the end of each case. Without much adieu, here is the list of cases you very much need to know:

Acceptance should be communicated: Felthouse v. Bindley  

Can a person’s silence be considered acceptance?

case study for law of contract

In this case, the petitioner, Mr. Paul Felthouse wanted to purchase a horse from his nephew, but the price he offered to pay for the horse was less than that his nephew was willing to sell it for.  The horse, therefore, was still in his possession. The Uncle communicated his offer through a letter, saying, “If I hear no more about him, I consider the horse mine at £30.15s” The nephew could not respond to the letter because he was busy with an auction on his farm. Though he asked the auctioneer, Mr. Bindley, not to auction the horses, he accidentally did. Mr. Felthouse then sued the defendant for conversion of his property . The defendant argued that the horse was not actually Mr. Felthouse’s property, as there existed no contract between him and his nephew at the time of the auction because Mr. Felthouse’s offer was not accepted by his nephew and the nephew’s silence cannot be considered to be an acceptance of the offer.

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It was held that Mr. Felthouse did not have the ownership of the horse at the time of the auction, which is why he could not sue for conversion, as the offer he made was not actually accepted.

Keywords: Uncle-Nephew, horse, auction, conversion of property

General Offer: Carlill v. Carbolic Smoke Balls Company 

Can offers be open to the public in general? Can a general offer lead to a contract?

In this case, a company carried out advertisements about their product, carbolic smoke balls, that claimed that any person who took the smoke balls in the prescribed manner (i.e., three times daily for two weeks) will not catch influenza. In case someone does, the company promised to pay 100£ to them immediately. To show their sincerity regarding this offer, the company deposited a sum of 1000£ in a public bank. Now, the plaintiff, Carlill bought the smoke balls and used them as prescribed in the advertisement, but still ended up catching the flu. She filed a suit for the recovery of 100£ as promised in the advertisement. The company denied the payment saying there existed no contract between them and the plaintiff. It was held that a contract came into existence between the plaintiff and the company as soon as the plaintiff bought the smoke balls and used them as prescribed.

Keywords: Carbolic smoke balls, prescription, general offer, public bank

Offer and Invitation to Treat: Harvey v. Facey 

Can a mere quotation of price be considered an offer?

In this case, the petitioner, Harvey communicated with the defendant, Facey, about a Hall Pen through telegram, saying “”Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid”. The same day, Facey responded with the price of the Pen to be £900. To which, the appellant replied, “We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession.” The defendant refused to sell at that price that they had initially quoted. It was finally held in this case that no contract came into existence between both the parties because their exchange of telegrams was merely an informational exchange where the appellant asked for the price of the Hall Pen and the defendant quoted the price. Therefore the appellant had no right to sue.

Keywords: Bumper Hall Pen, price quotation, telegram

Offer and Counter Offers: Hyde v. Wrench 

This is a leading case eliciting the concept of offers and counter-offers.

In this case, Wrench, the defendant offered to sell his farm to the petitioner, Hyde for £1000. The petitioner declined the offer. The defendant again reinstated his offer for selling the farm at £1000 to the petitioner’s agent stating that it is the final offer from their side. The petitioner, through a letter, offered to buy the farm for £950. The defendant refused to sell the farm at that price. The petitioner, several days later, offered to buy the farm at the initial price of £1000. The defendant did not send any agreement to that and refused to sell the farm, because of which the petitioner sued for breach of contract. It was held that no contract came to arise between the parties as the price was not agreed upon. Rather, offers and counter-offers were exchanged.

Keywords: Farm, offer, counter-offer

Agreement, Not Contract: Balfour v. Balfour 

Can a promise between married parties result in a legally binding agreement?

In this case, Mr. and Mrs. Balfour, who used to live together as a married couple in Sri Lanka, went for a vacation to England. During this time, Mrs. Balfour developed rheumatic arthritis. The doctor advised Mrs. Balfour to stay back in England as, according to him, Sri Lankan climate would worsen her health. Before Mr. Balfour returned to Sri Lanka, he promised to send £30 to her per month. During their stay away, the parties drifted apart and separated. It was held in this case that Mr. Balfour’s promise to pay a monthly sum of £30 did not amount to a contract, as there was no intention to create a legal relationship on part of either of the parties.

Keywords: Husband & Wife, Sri Lanka, Rheumatic Arthritis, intention to create legal relationship absent

Communication of Offer is Necessary: Lalman Shukla v. Gauri Dutt 

In this case, the defendant’s nephew went missing and the petitioner, who was a servant under the defendants was sent out in his search to Hardwar. After sending the petitioner, the defendant carried out an offer to the general public offering Rs. 501 to whomsoever finds the missing boy. The Plaintiff found the boy and helped return him back to his home. He had been paid the money he spent in going to search for the boy, i.e., his travel expenses. When he returned, he continued working for the defendants for about six months. After six months, he sued the defendants for paying him the prize money that was offered earlier. It was held that the petitioner was not entitled to the prize money, as he was only obliged by the duty he had as the defendant’s servant to find the missing boy, and the reward was announced after he had already been sent.

Keywords: Missing boy, nephew, servant, travel expenses, reward money

Minor’s Capacity to Contract: Mohori Bibee v. Damodar Ghose 

Is a minor’s agreement void ab initio ?

In this case, the defendant, Darmodar Ghose, as a minor was the sole owner of his property. His mother was his legally appointed guardian. One Mr. Brahmo Dutt who was a moneylender, through his agent Kedar Nath, lent Damodar Ghose a sum of Rs 20,000 at 12% interest per year. The loan was taken by way of mortgaging the property. The same day this deal was made, Damodar Ghose’s mother notified the appellant that Damodar was a minor, and anybody who would get into an agreement with him would do so at his own risk. Kedar Nath claimed that Damodar Ghose had lied about his age on the date of the execution of this deed, which turned out to be untrue. Therefore, Brahmo Dutt’s appeal was dismissed and his request for the return of Rs 10,500 advanced towards him was also rejected. It was held that a minor’s agreement is void ab initio.

Keywords: minor, property, mortgage, moneylender, 12% interest, loan, void ab initio

Doctrine of Frustration: Krell v. Henry 

In this case, the defendant agreed to rent a flat of the plaintiff to watch the coronation of King Edward VII from its balcony. The plaintiff had promised that the view from the flat’s balcony will be satisfying since the procession will be perfectly visible from the room. The parties corresponded through letters and agreed on a price of £75 for two days. Nowhere in their written correspondence did the parties mention the coronation ceremony. The coronation did not take place on the days the flat was booked for, as the kind fell ill. The defendant refused to pay the whole sum of money that the parties had agreed upon, for this reason. It was held that it could be incurred from the circumstances surrounding the contract what the implied purpose behind the contract was. Due to the cancellation of the procession, the purpose of booking the flat was frustrated.

Keywords: King Edward VII, coronation, balcony, flat, cancelled, implied purpose, frustrated

The remoteness of Damage: Hadley v. Baxendale 

In this case, the plaintiffs were operators of a mill, that they had to shut down temporarily when the crankshafts of the mill broke. Plaintiffs then contacted the manufacturers of the engine to make a new engine on a similar pattern. A servant of the defendants was then sent to the carriers to transport the crankshaft to the engine manufacturers. The servant told the Defendants that the mill is shut down, so the crankshafts must be sent immediately. The defendants informed that whenever the old crankshaft is given to them, the new one will be delivered by 12 o’clock its next day. Due to the delay of the defendants, the delivery got delayed and the mill had to stay shut for several days. In this case, due to the involvement of a third party (the carriers), the delay and loss could not entirely be blamed upon the defendants. Whatever damages or loss rose, did not come to existence because of a direct breach of contract by the defendants.

Keywords: mill, crankshaft, carriers, delay, damages, remote

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Contract Case Studies Samples For Students

234 samples of this type

Do you feel the need to examine some previously written Case Studies on Contract before you begin writing an own piece? In this open-access directory of Contract Case Study examples, you are granted an exciting opportunity to examine meaningful topics, content structuring techniques, text flow, formatting styles, and other academically acclaimed writing practices. Applying them while crafting your own Contract Case Study will surely allow you to complete the piece faster.

Presenting the finest samples isn't the only way our free essays service can help students in their writing ventures – our authors can also compose from scratch a fully customized Case Study on Contract that would make a genuine basis for your own academic work.

Business Contracts and Companies Case Study Examples

Good example of business negotiations case study, case study on business contracts.

The contract entered by the 17-year-old son, who is a minor with Don is voidable. The contract can be invalidated on the ground that the contract of sale that was entered between him and Don can be annulled since the son is only a minor and he was not the designated representative of the company. Hence, once the contract is nullified, the effect is that it is as if there is no agreement at all. This is due to the fact that the minor cannot represent the company since there is no board resolution to empower him to enter the contract.

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- Compare and contrast fixed-price contracts and cost-reimbursement contracts Fixed price and cost reimbursement is two methodologies for making contracts for administration work. With the fixed price system, the agreement and contracting gathering consent to a fixed cost toward the begin on the project that does not change.

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An offer represents an expression indicating the inclination to make a contract posing certain terms in which the offer is expected to accept making it binding. Acceptance involves an oral or behavior which indicates the parties are acting in acceptance of the offer.

An offer becomes binding when a proposal is made which includes the delivery date of the offer and its price with the terms of payment. The item or service should also be described.

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Contractual capacity is the legal ability of a person to enter into contract. The capacity requires one to be of 18 years, sound mind and undue influence (Miller, 2008). The contractual capacity entails people who are not under the influence drugs or any harmful substances and should be ready to abide the terms of the contract.

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Southeastern Land Fund, Inc. v. Real Estate World, Inc. 237 Ga. 227 (1976)

The plaintiff (seller) brought an action against the defendant (buyer). The allegations were about a contract of sale of a real estate. The plaintiff action sought to recover the price of $45,000 plus the interests. They also sought to recover their lawyer’s fees upon a promissory note referred in the contract. The defendants appeal to is founded on the basis that the trial judged erroredin grating summary judgment in favor of theplaintiff and denying a summary judgment and a counterclaim from the defendant.

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Sam’s wife has recently passed away so he wishes to sell his house and her belongings. Sam has agreed to sell his house to Ben and both parties have signed a sale agreement which provides that the settlement date for the sale is 30th September 2011. On that date, the buyer is to have vacant possession of the house and the seller is to receive the balance of the purchase money owing.

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Liabilities under Contract Law Chetum vs Knarles & Barkley Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

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Contract Law: From Trust to Promise to Contract

Investigate contracts from ideation to execution, their pitfalls and remedies.

Learn about contracts in this online course from Harvard Law Professor Charles Fried, one of the world's leading authorities on contract law.

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What You'll Learn

Contracts are promises that the law will enforce. But when will the law refuse to honor a promise? What happens when one party does not hold to their part of the deal? This version of the course adds new units on Interpretation, Agency, Partnerships, Corporations, and Government Regulation.

We are exposed to contracts in all areas of our life–agreeing to terms when downloading a new computer program, hiring a contractor to repair a leaking roof, and even ordering a meal at a restaurant. Knowing the principles of contracts is not just a skill needed by lawyers, it illuminates for everyone a crucial institution that we use all the time and generally take for granted.

This contract law course, with new materials and updated case examples, is designed to introduce the range of issues that arise when entering and enforcing contracts. It will provide an introduction to what a contract is and also analyze the purpose and significance of contracts. Then, it will discuss the intent to create legal relations, legality and morality, and the distinction between gifts and bargains. The course also investigates common pitfalls: one-sided promises, mistake, fraud, and frustration. With the knowledge of what makes contracts and how they can go wrong, Professor Fried will discuss remedies and specific performance. Finally, Professor Fried will introduce how contracts can create rights for third parties.

The course's instructor, Charles Fried, has been teaching at Harvard Law School for more than 50 years and has written extensively on contracts. Not only is Professor Fried a leading authority on contract law, but he also utilizes a story-telling approach to explaining the topic, which creates a unique and interesting class experience.

The course will be delivered via edX and connect learners around the world. By the end of the course, participants will be able to:

Your Instructor

Charles Fried is the Beneficial Professor of Law at Harvard Law School, where he has been teaching since 1961. Most recently, Fried has taught Contracts and Constitutional Law. He was the Solicitor General of the United States from 1985 to 1989, where he argued 25 cases in front of the Supreme Court. Fried was also an Associate Justice of the Supreme Judicial Court of Massachusetts from 1995 to 1999. Fried has authored many books, including  Anatomy of Values ,  Right and Wrong ,  Modern Liberty ,  Contract as Promise ,  Making Tort Law , and  Saying Where the Law Is: The Constitution in the Supreme Court , in addition to more than 30 journal articles.

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When you enroll in this course, you will have the option of pursuing a Verified Certificate or Auditing the Course.

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CASE 1 1. The following is a list of contract provisions. Do...

1. The following is a list of contract provisions. Do  these provisions favor the seller or the purchaser?  a. Seller is to convey insurable title to the real  property at closing.  b. Seller is to convey title to the real property  subject to utility easements and other restrictions of record.  c. Seller shall not alter or encumber the title to  the real property after the date of the contract  without the prior written consent of purchaser.  d. The real estate contract is freely assignable.  e. The contract is silent as to risk of loss between  date of contract and date of closing.

2. Harold and Maude entered into negotiations  with Sam to purchase Sam's home. The home  was not new, and Harold and Maude had some  concerns that the roof might leak. Sam verbally  assured them that the roof did not leak. The written contract entered into between Sam and Harold and Maude, however, did not contain any  written warranties concerning the roof. The contract also contained a provision that stated that no agreements, representations, or warranties,  unless expressly incorporated or set forth in the  contract, would be binding on any of the parties.  After Harold and Maude purchased the home,  they discovered that the roof leaked every time it  rained. Harold and Maude have come to the law  firm where you are a paralegal and have asked  for advice concerning their rights to sue Sam for  his misrepresentation concerning the condition  of the roof. You have been asked to research the  issue and to report to your supervising attorney  your conclusions concerning Harold and Maude's  rights against Sam for the roof leak. What would  be your conclusion?

TWO DIFFERENT CASES MAKE SURE YOU PUT THE NUMBERS TO SEE THE DIFERENCE

Hinkel, Daniel F.. Practical Real Estate Law (MindTap Course List) (p. 176). Cengage Learning. Kindle Edition. 

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Breach of Contract Case Study from TonaLaw

Home » Long Island Business Litigation Attorney » Breach of Contract Case Study from TonaLaw

TonaLaw helps business parties reach amicable, confidential settlements, before trial.

Is someone you worked with in “Breach of contract”?  This is is a  legal   cause of action  and a type of  civil wrong , in which a  binding agreement  or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. Breach of Contract occurs when a party to a contract fails to fulfill his or her obligation as described in the contract or communicates an intent to fail the obligation or otherwise appears not to be able to perform his or her obligation under the contract.

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1: Represented Defendant in a Suit for Breach of Contract on Promissory Note 

TonaLaw represented a not-for-profit charitable organization being sued by a former member on a breach of a promissory note. It was a frivolous action as the defendant was not in breach of the promissory note and it was paid in full. The suit was for approximately half a million dollars.

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2: Represented Plaintiff in a Suit for Breach of Contract on a Promissory Note 

We represented the plaintiff’s estate in this action where the decedent lent approximately $125,000.00 to the defendant. When the plaintiff died, the defendant had not repaid the debt, resulting in a breach of contract.

TonaLaw filed a summary judgment motion in order to have the judge rule that the defendant was liable for the debt, and the motion was granted. The only unresolved issue was how much the defendant owed. TonaLaw negotiated a confidential settlement between the two parties and the case did not have to go to trial.

3: Subcontractor Vs. General Contractor

TonaLaw represented the plaintiff, a subcontractor, in an action against the defendant, who was a general contractor. The defendant subcontracted close to $139,000.00 worth of work to the plaintiff but defaulted on approximately $60,000.00 worth of payments. TonaLaw helped the parties reach an amicable, confidential settlement before trial.

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Agreement Case Summaries - Formation, Acceptance, Termination

4590 words (18 pages) Case Summary

7th Sep 2021 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Cases On Formation Of A Contract Offer

Payne v cave (1789).

The defendant made the highest bid for the plaintiff’s goods at an auction sale, but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in this case has now been codified in s57(2) Sale of Goods Act 1979.

Fisher v Bell (1960)

A shopkeeper displayed a flick knife with a price tag in the window. The Restriction of Offensive Weapons Act 1959 made it an offence to ‘offer for sale’ a ‘flick knife’. The shopkeeper was prosecuted in the magistrates’ court but the Justices declined to convict on the basis that the knife had not, in law, been ‘offered for sale’.

This decision was upheld by the Queen’s Bench Divisional Court. Lord Parker CJ stated: “It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract.”

PSGB v Boots (1953)

The defendants’ shop was adapted to the “self-service” system. The question for the Court of Appeal was whether the sales of certain drugs were effected by or under the supervision of a registered pharmacist. The question was answered in the affirmative. Somervell LJ stated that “in the case of an ordinary shop, although goods are displayed and it is intended that customers should go and choose what they want, the contract is not completed until, the customer having indicated the articles which he needs, the shopkeeper, or someone on his behalf, accepts that offer. Then the contract is completed.”

Partridge v Crittenden (1968)

It was an offence to offer for sale certain wild birds. The defendant had advertised in a periodical ‘Quality Bramblefinch cocks, Bramblefinch hens, 25s each’. His conviction was quashed by the High Court. Lord Parker CJ stated that when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale. In a very different context Lord Herschell in Grainger v Gough (Surveyor of Taxes) [1896] AC 325, said this in dealing with a price list:

“The transmission of such a price list does not amount to an offer to supply an unlimited quantity of the wine described at the price named, so that as soon as an order is given there is a binding contract to supply that quantity. If it were so, the merchant might find himself involved in any number of contractual obligations to supply wine of a particular description which he would be quite unable to carry out, his stock of wine of that description being necessarily limited.”

Carlill v Carbolic Smoke Ball Co (1893)

An advert was placed for ‘smoke balls’ to prevent influenza. The advert offered to pay £100 if anyone contracted influenza after using the ball. The company deposited £1,000 with the Alliance Bank to show their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza. It was held that she was entitled to recover the £100. The Court of Appeal held that:

(a) the deposit of money showed an intention to be bound, therefore the advert was an offer;

(b) it was possible to make an offer to the world at large, which is accepted by anyone who buys a smokeball;

(c) the offer of protection would cover the period of use; and

(d) the buying and using of the smokeball amounted to acceptance.

Harvey v Facey (1893)

The plaintiffs sent a telegram to the defendant, “Will you sell Bumper Hall Pen? Telegraph lowest cash price”.

The defendants reply was “Lowest price £900”.

The plaintiffs telegraphed “We agree to buy… for £900 asked by you”.

It was held by the Privy Council that the defendants telegram was not an offer but simply an indication of the minimum price the defendants would want, if they decided to sell. The plaintiffs second telegram could not be an acceptance.

Gibson v MCC (1979)

The council sent to tenants details of a scheme for the sale of council houses. The plaintiff immediately replied, paying the £3 administration fee.

The council replied: “The corporation may be prepared to sell the house to you at the purchase price of £2,725 less 20 per cent. £2,180 (freehold).”

The letter gave details about a mortgage and went on “This letter should not be regarded as a firm offer of a mortgage. If you would like to make a formal application to buy your council house, please complete the enclosed application form and return it to me as soon as possible.” G filled in and returned the form. Labour took control of the council from the Conservatives and instructed their officers not to sell council houses unless they were legally bound to do so. The council declined to sell to G.

In the House of Lords, Lord Diplock stated that words italicised seem to make it quite impossible to construe this letter as a contractual offer capable of being converted into a legally enforceable open contract for the sale of land by G’s written acceptance of it. It was a letter setting out the financial terms on which it may be the council would be prepared to consider a sale and purchase in due course.

Harvela v Royal Trust (1985)

Royal Trust invited offers by sealed tender for shares in a company and undertook to accept the highest offer. Harvela bid $2,175,000 and Sir Leonard Outerbridge bid $2,100,000 or $100,000 in excess of any other offer. Royal Trust accepted Sir Leonard’s offer. The trial judge gave judgment for Harvela.

In the House of Lords, Lord Templeman stated: “To constitute a fixed bidding sale all that was necessary was that the vendors should invite confidential offers and should undertake to accept the highest offer. Such was the form of the invitation. It follows that the invitation upon its true construction created a fixed bidding sale and that Sir Leonard was not entitled to submit and the vendors were not entitled to accept a referential bid.”

Blackpool Aero Club v Blackpool Borough Council (1990)

BBC invited tenders to operate an airport, to be submitted by noon on a fixed date. The plaintiffs tender was delivered by hand and put in the Town Hall letter box at 11am. However, the tender was recorded as having been received late and was not considered. The club sued for breach of an alleged warranty that a tender received by the deadline would be considered. The judge awarded damages for breach of contract and negligence. The council’s appeal was dismissed by the Court of Appeal.

Brogden v MRC (1877)

B supplied coal to MRC for many years without an agreement. MRC sent a draft agreement to B who filled in the name of an arbitrator, signed it and returned it to MRC’s agent who put it in his desk. Coal was ordered and supplied in accordance with the agreement but after a dispute arose B said there was no binding agreement.

It was held that B’s returning of the amended document was not an acceptance but a counter-offer which could be regarded as accepted either when MRC ordered coal or when B actually supplied. By their conduct the parties had indicated their approval of the agreement.

Lord Denning said that one must look at the correspondence as a whole and the conduct of the parties to see if they have come to an agreement.

Trentham v Luxfer (1993)

T built industrial units and subcontracted the windows to L. The work was done and paid for. T then claimed damages from L because of defects in the windows. L argued that even though there had been letters, phone calls and meetings between the parties, there was no matching offer and acceptance and so no contract.

The Court of Appeal held that the fact that there was no written, formal contract was irrelevant, a contract could be concluded by conduct. Plainly the parties intended to enter into a contract, the exchanges between them and the carrying out of instructions in those exchanges, all supported T’s argument that there was a course of dealing between the parties which amounted to a valid, working contract. Steyn LJ pointed out that:

(a) The courts take an objective approach to deciding if a contract has been made.

(b) In the vast majority of cases a matching offer and acceptance will create a contract, but this is not necessary for a contract based on performance.

Hyde v Wrench (1840)

6 June W offered to sell his estate to H for £1000; H offered £950

27 June W rejected H’s offer

29 June H offered £1000. W refused to sell and H sued for breach of contract.

Lord Langdale MR held that if the defendant’s offer to sell for £1,000 had been unconditionally accepted, there would have been a binding contract; instead the plaintiff made an offer of his own of £950, and thereby rejected the offer previously made by the defendant. It was not afterwards competent for the plaintiff to revive the proposal of the defendant, by tendering an acceptance of it; and that, therefore, there existed no obligation of any sort between the parties.

Stevenson v McLean (1880)

On Saturday, the defendant offered to sell iron to the plaintiff at 40 shillings a ton, open until Monday. On Monday at 10am, the plaintiff sent a telegram asking if he could have credit terms. At 1.34pm the plaintiff sent a telegram accepting the defendant’s offer, but at 1.25pm the defendant had sent a telegram: ‘Sold iron to third party’ arriving at 1.46pm. The plaintiff sued the defendant for breach of contract and the defendant argued that the plaintiff’s telegram was a counter-offer so the plaintiff’s second telegram could not be an acceptance.

It was held that the plaintiff’s first telegram was not a counter-offer but only an enquiry, so a binding contract was made by the plaintiff’s second telegram.

Butler Machine Tool v Ex-Cell-O Corporation (1979)

The plaintiffs offered to sell a machine to the defendants. The terms of the offer included a condition that all orders were accepted only on the sellers’ terms which were to prevail over any terms and conditions in the buyers’ order.

The defendants replied ordering the machine but on different terms and conditions. At the foot of the order was a tear-off slip reading, “We accept your order on the Terms and Conditions stated thereon.” The plaintiffs signed and returned it, writing, “your official order… is being entered in accordance with our revised quotation… “.

The Court of Appeal had to decide on which set of terms the contract was made. Lord Denning M.R. stated:

In many of these cases our traditional analysis of offer, counter-offer, rejection, acceptance and so forth is out-of-date. This was observed by Lord Wilberforce in New Zealand Shipping Co Ltd v AM Satterthwaite . The better way is to look at all the documents passing between the parties and glean from them, or from the conduct of the parties, whether they have reached agreement on all material points, even though there may be differences between the forms and conditions printed on the back of them. As Lord Cairns L.C. said in Brogden v  Metropolitan Railway Co (1877): … there may be a consensus between the parties far short of a complete mode of expressing it, and that consensus may be discovered from letters or from other documents of an imperfect and incomplete description.

Applying this guide, it will be found that in most cases when there is a “battle of forms” there is a contract as soon as the last of the forms is sent and received without objection being taken to it. Therefore, judgment was entered for the buyers.

GNR v Witham (1873)

GNR advertised for tenders for the supply of stores and W replied ‘I undertake to supply the company for 12 months with such quantities as the company may order from time to time’. GNR accepted this tender and placed orders which W supplied. When W later refused to supply it was held that W’s tender was a standing offer which GNR could accept by placing an order. W’s refusal was a breach of contract but it also revoked W’s standing offer for the future, so W did not have to meet any further orders.

Lord Denning in Entores v Miles Far East Corp (1955)

If a man shouts an offer to a man across a river but the reply is not heard because of a plane flying overhead, there is no contract. The offeree must wait and then shout back his acceptance so that the offeror can hear it.

Powell v Lee (1908)

The plaintiff applied for a job as headmaster and the school managers decided to appoint him. One of them, acting without authority, told the plaintiff he had been accepted. Later the managers decided to appoint someone else. The plaintiff brought an action alleging that by breach of a contract to employ him he had suffered damages in loss of salary. The county court judge held that there was no contract as there had been no authorised communication of intention to contract on the part of the body, that is, the managers, alleged to be a party to the contract. This decision was upheld by the King’s Bench Division.

Felthouse v Bindley (1862)

The plaintiff discussed buying a horse from his nephew and wrote to him “If I hear no more about him, I consider the horse mine… ” The nephew did not reply but wanted to sell the horse to the plaintiff, and when he was having a sale told the defendant auctioneer not to sell the horse. By mistake the defendant sold the horse. The plaintiff sued the defendant in the tort of conversion but could only succeed if he could show that the horse was his.

It was held that the uncle had no right to impose upon the nephew a sale of his horse unless he chose to comply with the condition of writing to repudiate the offer. It was clear that the nephew intended his uncle to have the horse but he had not communicated his intention to his uncle, or done anything to bind himself. Nothing, therefore, had been done to vest the property in the horse in the plaintiff. There had been no bargain to pass the property in the horse to the plaintiff, and therefore he had no right to complain of the sale.

Entores v Miles Far East Corp (1955)

The plaintiffs in London made an offer by Telex to the defendants in Holland.

The defendant’s acceptance was received on the plaintiffs’ Telex machine in London. The plaintiffs sought leave to serve notice of a writ on the defendants claiming damages for breach of contract. Service out of the jurisdiction is allowed to enforce a contract made within the the jurisdiction. The Court of Appeal had to decide where the contract was made.

Denning L.J. stated that the rule about instantaneous communications between the parties is different from the rule about the post. The contract is only complete when the acceptance is received by the offeror: and the contract is made at the place where the acceptance is received. The contract was made in London where the acceptance was received. Therefore service could be made outside the jurisdiction.

The Brimnes (1975)

The defendants hired a ship from the plaintiff shipowners. The shipowners complained of a breach of the contract. The shipowners sent a message by Telex, withdrawing the ship from service, between 17.30 and 18.00 on 2 April. It was not until the following morning that the defendants saw the message of withdrawal on the machine.

Edmund-Davies L.J. agreed with the conclusion of the trial judge. The trial judge held that the notice of withdrawal was sent during ordinary business hours, and that he was driven to the conclusion either that the charterers’ staff had left the office on April 2 ‘well before the end of ordinary business hours’ or that if they were indeed there, they ‘neglected to pay attention to the Telex machine in the way they claimed it was their ordinary practice to do.’

He therefore concluded that the withdrawal Telex must be regarded as having been ‘received’ at 17.45 hours and that the withdrawal was effected at that time.

Note: Although this is a case concerning the termination of a contract, the same rule could apply to the withdrawal and acceptance of an offer.

Brinkibon v Stahag Stahl (1983)

The buyers, an English company, by a telex, sent from London to Vienna, accepted the terms of sale offered by the sellers, an Austrian company. The buyers issued a writ claiming damages for breach of the contract.

The House of Lords held that the service of the writ should be set aside because the contract had not been made within the court’s jurisdiction. Lord Wilberforce stated that the present case is, as Entores itself, the simple case of instantaneous communication between principals, and, in accordance with the general rule, involves that the contract (if any) was made when and where the acceptance was received. This was in Vienna.

Adams v Lindsell (1818)

2 Sept. The defendant wrote to the plaintiff offering to sell goods asking for a reply “in the course of post”

5 Sept. The plaintiff received the letter and sent a letter of acceptance.

9 Sept. The defendant received the plaintiff’s acceptance but on 8 Sept had sold the goods to a third party.

It was held that a binding contract was made when the plaintiff posted the letter of acceptance on 5 Sept, so the defendant was in breach of contract.

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Household v Grant (1879)

G applied for shares in the plaintiff company. A letter of allotment of shares was posted but G never received it. When the company went into liquidation G was asked, as a shareholder, to contribute the amount still outstanding on the shares he held. The trial judge found for the plaintiff.

The Court of Appeal affirmed the judgment. Thesiger LJ stated that “Upon balance of conveniences and inconveniences it seems to me… it was more consistent with the acts and declarations of the parties in this case to consider the contract complete and absolutely binding on the transmission of the notice of allotment through the post, as the medium of communication that the parties themselves contemplated, instead of postponing its completion until the notice had been received by the defendant.”

Holwell Securities v Hughes (1974)

The defendant gave the plaintiff an option to buy property which could be exercised “by notice in writing”. The plaintiffs posted a letter exercising this option but the letter was lost in the post and the plaintiffs claimed specific performance. The Court of Appeal held that the option had not been validly exercised. Lawton LJ stated that the plaintiffs were unable to do what the agreement said they were to do, namely, fix the defendant with knowledge that they had decided to buy his property. There was no room for the application of the postal rule since the option agreement stipulated what had to be done to exercise the option.

Tinn v Hoffman (1873)

Acceptance was requested by return of post. Honeyman J said: “That does not mean exclusively a reply by letter or return of post, but you may reply by telegram or by verbal message or by any other means not later than a letter written by return of post.”

Yates v Pulleyn (1975)

The defendant granted the plaintiff an option to buy land, exercisable by notice in writing to be sent by “registered or recorded delivery post”. The plaintiff sent a letter accepting this offer by ordinary post, which was received by the defendant who refused to accept it as valid.

It was held that this method of acceptance was valid and was no disadvantage to the offeror, as the method stipulated was only to ensure delivery and that had happened.

R v Clarke (1927) (Australia)

The Government offered a reward for information leading to the arrest of certain murderers and a pardon to an accomplice who gave the information. Clarke saw the proclamation. He gave information which led to the conviction of the murderers. He admitted that his only object in doing so was to clear himself of a charge of murder and that he had no intention of claiming the reward at that time. He sued the Crown for the reward. The High Court of Australia dismissed his claim. Higgins J stated that: “Clarke had seen the offer, indeed; but it was not present to his mind – he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There cannot be assent without knowledge of the offer; and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing.”

Williams v Carwardine (1833)

The defendant offered a reward for information leading to the conviction of a murderer. The plaintiff knew of this offer and gave information that it was her husband after he had beaten her, believing she had not long to live and to ease her conscience. It was held that the plaintiff was entitled to the reward as she knew about it and her motive in giving the information was irrelevant.

TERMINATION OF THE OFFER

Byrne v van tienhoven (1880).

1 Oct. D posted a letter offering goods for sale.

8 Oct. D revoked the offer; which arrived on 20 Oct.

11 Oct. P accepted by telegram

15 Oct. P posted a letter confirming acceptance.

It was held that the defendant’s revocation was not effective until it was received on 20 Oct. This was too late as the contract was made on the 11th when the plaintiff sent a telegram. Judgment was given for the plaintiffs.

Dickinson v Dodds (1876)

Dodds offered to sell his house to Dickinson, the offer being open until 9am Friday. On Thursday, Dodds sold the house to Allan. Dickinson was told of the sale by Berry, the estate agent, and he delivered an acceptance before 9am Friday. The trial judge awarded Dickinson a decree of specific performance. The Court of Appeal reversed the decision of the judge.

James LJ stated that the plaintiff knew that Dodds was no longer minded to sell the property to him as plainly and clearly as if Dodds had told him in so many words, “I withdraw the offer.” This was evident from the plaintiff’s own statements. It was clear that before there was any attempt at acceptance by the plaintiff, he was perfectly well aware that Dodds had changed his mind, and that he had in fact agreed to sell the property to Allan. It was impossible, therefore, to say there was ever that existence of the same mind between the two parties which is essential in point of law to the making of an agreement.

Shuey v U.S. (1875)

On 20 April 1865, the Secretary of War published in the public newspapers and issued a proclamation, announcing that liberal rewards will be paid for any information that leads to the arrest of certain named criminals. The proclamation was not limited in terms to any specific period. On 24 November 1865, the President issued an order revoking the offer of the reward. In 1866 the claimant discovered and identified one of the named persons, and informed the authorities. He was, at all times, unaware that the offer of the reward had been revoked.

The claimant’s petition was dismissed. It was held that the offer of a reward was revoked on 24 November and notice of the revocation was published. It was withdrawn through the same channel in which it was made. It was immaterial that the claimant was ignorant of the withdrawal. The offer of the reward not having been made to him directly, but by means of a published proclamation, he should have known that it could be revoked in the manner in which it was made.

Errington v Errington and Woods (1952)

A father bought a house on mortgage for his son and daughter-in-law and promised them that if they paid off the mortgage, they could have the house.

They began to do this but before they had finished paying, the father died. His widow claimed the house. The daughter-in-law was granted possession of the house by the trial judge and the Court of Appeal.

Denning LJ stated: “The father’s promise was a unilateral contract – a promise of the house in return for their act of paying the instalments. It could not be revoked by him once the couple entered on performance of the act, but it would cease to bind him if they left it incomplete and unperformed, which they have not done. If that was the position during the father’s lifetime, so it must be after his death. If the daughter-in-law continues to pay all the building society instalments, the couple will be entitled to have the property transferred to them as soon as the mortgage is paid off; but if she does not do so, then the building society will claim the instalments from the father’s estate and the estate will have to pay them. I cannot think that in those circumstances the estate would be bound to transfer the house to them, any more than the father himself would have been.”

Daulia v Four Millbank Nominees (1978)

The defendant offered to sell property to the plaintiff. The parties agreed terms and agreed to exchange contracts. The defendant asked the plaintiff to attend at the defendant’s office to exchange. The plaintiff attended but the defendant sold to a third party for a higher price. It was held that the contract fell foul of s40(1) Law of property Act 1925 and the plaintiff’s claim was struck out. However, Goff L.J. stated obiter:

In unilateral contracts the offeror is entitled to require full performance of the condition imposed otherwise he is not bound. That must be subject to one important qualification – there must be an implied obligation on the part of the offeror not to prevent the condition being satisfied, an obligation which arises as soon as the offeree starts to perform. Until then the offeror can revoke the whole thing, but once the offeree has embarked on performance, it is too late for the offeror to revoke his offer.

Ramsgate v Montefiore (1866)

On 8 June, the defendant offered to buy shares in the plaintiff company. On 23 Nov, the plaintiff accepted but the defendant no longer wanted them and refused to pay. It was held that the six-month delay between the offer in June and the acceptance in November was unreasonable and so the offer had ‘lapsed’, ie it could no longer be accepted and the defendant was not liable for the price of the shares.

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Notre Dame Events

Case Study and Lecture: "The Weaponization of Law"

Time: Thu Mar 9, 2023, 12:30 pm - 1:30 pm

Location: 3130 Eck Hall of Law

Weaponization

Culture wars in the U.S. – and worldwide – have surged in recent years. Often the targets of these fights have been trans individuals and those with differing gender expressions. Especially after the Dobbs decision, progressive activists fear a backsliding of LGBTQ+ rights.

To highlight ways to identify and combat such trends, Notre Dame Law School's LGBT Legal Forum will examine the HIV/AIDS epidemic as a case study of how the law can be weaponized to harm historically marginalized communities. Bill Hirsh, executive director of the AIDS Legal Referral Panel , will discuss the unique legal challenges faced by those who are diagnosed with HIV/AIDS, including the many barriers that were put in place at the beginning of the epidemic.

This event is co-sponsored by the Klau Institute for Civil and Human Rights.

Bill Hirsh

Executive Director, AIDS Legal Referral Panel

Before joining ALRP in March of 2000, Hirsh directed the Mental Health Association of San Francisco, where he coordinated a broad-based public policy advocacy effort to increase affordable and supportive housing for people with mental health disabilities. In 2006, Bill was appointed by Mayor Gavin Newsom to the city’s Long Term Care Coordinating Council where he works to ensure that seniors and adults with disabilities can access the services they need. He has also taken a leadership role in the HIV/AIDS Provider Network (HAPN), working to ensure that San Francisco’s model of care for HIV/AIDS services continues to meet the needs of people living with HIV/AIDS. Bill recently was honored with the Ruth Brinker Visionary Leadership Award.

Photo: "LGBTQ employment rights" by vpickering is licensed under CC BY-NC-ND 2.0.

Originally published at klau.nd.edu .

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Australian Consumer Law Essay

case study for law of contract

Show More Question 1 Problem: Does Adil fall under the category of a “Consumer” under the Australian consumer law (ACL)? Rule: Australian consumer law (ACL) in phase 3, defines the customer consistent with its right components. Consistent with the law, a person will be entitled as a ‘customer’ or Consumer who obtains particular goods or offerings that are really worth a fee much less than $40000 in general. In the same time, a person may be a ‘consumer’ if he or she acquires an excellent costing greater than $40000 but ensure that unique product use handiest for personal, household and domestic cause. In step with this case, either a person bought an automobile that has an average use for transporting the goods on roads however he or she mainly purchased …show more content… References: 2009, Australian Competition and Consumer Commission (ACCC) v Dukemaster Pty Ltd FCA 682. Attorney-General’s Department, 2010, The Australian Consumer Law , A guide to provisions, Chapter 1, Page 01. Attorney-General’s Department, 2010, The Australian Consumer Law, A guide to provisions, Chapter 2, Page 05. Business & Corporations Law, Consumer Protection , page 23. Clayton UTL, 2012 The Australian Consumer Law, An essential guide for product manufacturers and suppliers, Page 5-6. Consumerlaw.gov.au. (2017). Legislation – Australian Consumer Law. [online] Available at: http://consumerlaw.gov.au/the-australian-consumer-law/legislation/ [Accessed 16 May 2017]. Decker, C. (2017). CONCEPTS OF THE CONSUMER IN COMPETITION, REGULATORY, AND CONSUMER PROTECTION POLICES. Journal of Competition Law & Economics, 13(1), pp.151-184. Gordon J in Dukemaster citing, Global Sportsman, Pty Ltd 2 FCR 82 Griggs, L.D., 2011. Australian Consumer Law-An overview, unfair contracts, consumer guarantees and remedies, In Au tralian Consumer Law, (pp.

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Criminal Law: Analysis of Case Study

Introduction.

Julio Manga, his wife and Jonathan Brown dined together at their apartment. Some of the things they were doing included smoking marijuana and other drinks. Since they are all supposedly smoking marijuana, a concerned citizen called the 911 hotline to report the event. The citizen notifies the police that, in addition to smoking marijuana, these individuals have firearms that may or may not be legally held.

Jonathan Brown conceals his weapon between the pillows of his chair to evade arrest after being summoned by the police. According to Criminal Act, Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, Jonathan knew that possessing an illegal firearm would lead him to thirty years of life imprisonment. However, the policemen discovered the concealed firearm and three other handguns during their investigation (Saylor & Buchanan, 2021). Additionally, police revealed that these pistols were not registered properly. Also, during the police inquiry, a large amount of marijuana is uncovered.

Is it true that Jonathan Brown, Julio Manga, and his wife committed any criminal charges in violation of the Maryland Code of Conduct?

The Maryland code of conduct is primarily intended to protect the security of the state’s borders and maintain law and order. According to the case study, Julio Manga, Jonathan Brown, and their other companions broke Maryland state law. Undoubtedly, each of these individuals violated a special provision of Maryland’s criminal code. They were charged with two felonies. To begin, the three committed a felony under Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, which is a federal crime. Possession of marijuana, an illicit substance, was expressly outlawed under this section of the law, and the three were in breach of this portion of the law. Apart from that, they repealed “subtitle 10—Drug and Alcohol Grants Program and Fund,” which remains a part of “title 5 of chapter five of the penal code.” (Reuters, 2022). As a result, the judicial system must ensure that three citizens are prosecuted for their crimes.

Second, the three citizens were charged with unlawful possession of pistols, a misdemeanor. ‘Weapon and Crime’ is the fourth criminal law that deals with weapons and crime. The second subtitle of the fourth title of this criminal law offers different rules on how public members should behave, particularly while in possession of lawfully registered firearms. By contrast, the law prohibits the possession of any firearm that has not been registered with the relevant government (Schneider et al., 2020).

The state police entered the residence of Julio Manga, and four handguns were discovered. According to officials, all three weapons recovered were not lawfully registered. As a result, the country’s legal system should operate normally in such a circumstance. Additionally, the case study illustrates that the Maryland police department is hyperaware of vulnerability risks and was overly responsive in this circumstance (Crifasi et al., 2019). When such situations are investigated promptly, the police system can recover several instances of criminal conduct from the scene.

The citizens analyzed in the case act are guilty persons because they have violated several laws. First, Criminal Act, Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances, was violated because marijuana in the home had no legal basis for use and was illegally in possession. “In Maryland, marijuana is listed as a Schedule I controlled hallucinogenic substance. Simple possession (possession without the intent to distribute) of less than 10 grams in Maryland is a civil offense (fine not exceeding $100 for first-time offenders, $250 for second-time offenders, and $500 for third or subsequent offenders)” (Norml, 2022). Since the rule was not observed, the individual is rightly imputed to the fault. As for weapons, the ‘Weapon and Crime’ law was violated, which prohibits the possession of weapons without a license. “Illegally carrying a firearm in Maryland is a misdemeanor” (Houlon Berman, 2022). Thus, two US laws were violated, respectively two crimes were committed.

The initial study demonstrates that the Maryland Code of Conduct and Laws were enacted to maintain peace and order among the state’s residents. The citizen who reported the case to the police also performed his right to report any case that may risk their lives of the lives of their neighbors. The investigation revealed that Jonathan Brown violated Titles 4 and 5 of the criminal code. He took issue specifically with subtitles two and ten, which he disliked. As a result, the legal system should use extreme prudence in this instance.

Braun, M. R. (2018). Re-assessing mass incarceration in light of the decriminalization of marijuana in Maryland. Legal Framework , 49 , 24.

Crifasi, C. K., Merrill-Francis, M., Webster, D. W., Wintemute, G. J., & Vernick, J. S. (2019). Changes in the legal environment and enforcement of firearm transfer laws in Pennsylvania and Maryland. Injury Prevention , 25 (Suppl 1), i2-i4.

Houlon Berman. (2022). Gun charges in Maryland and their consequences . Web.

Norml. (2022). Maryland laws and penalties . Web.

Reuters, T., 2022. Browse – Maryland Code and Court Rules . Web.

Schneider, K. E., Park, J. N., Allen, S. T., Weir, B. W., & Sherman, S. G. (2020). Knowledge of Good Samaritan Laws and beliefs about arrests among persons who inject drugs a year after policy change in Baltimore, Maryland. Public Health Reports , 135 (3), 393-400.

Saylor, E., An, S., & Buchanan, L. B. (2021). The first amendment, religious freedom, and public schools in the south. The Social Studies , 1-12.

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Putin Orders New Rules for Defense Firms in Case of Martial Law

Russian President Vladimir Putin signed a decree Friday laying out new rules for tightening control of companies that fail to fulfill defense contracts in the event martial law is imposed, the latest step in the Kremlin’s preparations for militarizing the economy as its invasion of Ukraine stretches into a second year.

Under the decree, the state would get the power to take over firms that fail to meet their obligations under military contracts during the period of martial law, suspending the rights of owners and shareholders. A government working group is to be set up on the operations of arms companies under martial law, according to the order, the text of which was published Friday.

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