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Invitation to Treat

Dickinson v Dodds

Revocation before acceptance


1. Oer

Termination

Validity of Contracts
Long-standing, well-established, reasonable
custom in a particular trade or industry

Lapse of time
Oer subject to condition

Death
On same term as oer

ocious bystander test

1. Terms implied by fact

business ecacy"

Court

Implied by

Implied

Orally or in writing

2. Terms implied by law


Statutes (SoGA)
Terms must be introduced/referred
to before/at time contract is made

Places to be found

Terms

2. Acceptance

1. Against public policy


2. Judicial control

Does not matter whether particular


terms are fair or reasonable

Exceptions

Fairness?

Hawkish v Bank of Montreal (1969)


Pg 57
Misrepresentation

Not a vital or important term

Carlyle v Carbolic Smoke Ball Co


(1892)

On receipt

Postal rule

Adams v Lindsell (1818)


Does not apply to oers or revocations

Parol Evidence Rule (Evidence Act)

Electronic Transactions Act

Exceptions

Cannot be past
Need not move to the promisor

Terminate contract?

Innocent party
Terms of a Contract

Contracts

E.g guarantee and bank loans


Performing existing public duty

3. Consideration
Introduction
Consideration cannot be insucient

Conditions vs Warranty

Domestic situations generally no legal intentions

When was clause introduced?

Where is it found?
Indirect reference

4. Legal intentions
Reasonable notice?

Legal relations may be absent

Subject to contract
memorandum of understanding
binding in honour

Breach of Terms

Kleinwort Benson Ltd v Malaysia


Mining Corpn Bhd (1989)

Only parties to contract may sue and be sued

Language

Section 2(1)

Section 2(1)

Parties to the Contract

The Contracts (Rights of Third Parties) Act


Exceptions

Section 2(3)
Section 2(2)

Assignment and novation

Section 2(2)

Agency
Unfair Contract Terms Act

Not allowed unless contract clearly states otherwise


1. Both parties must agree to
changes

Bargaining strength of parties

whether customer knows or ought


to know about exemption clause

Doctrine of privity of contract

Exclusion/Limitation Clauses

Section 2

Section 3

Insurance

Stilk v Myrick (1809) and Hartley v


Ponsonby (1857)

Performing existing contractual duty to same party

Warranty

Visibility

Other losses e.g property damage


unless clause satisfies requirement
of reasonableness

Glassbrook Brothers v Glamorgan


County Council (1925)

Performing existing contractual


duty to third party

Ollie v Marlborough Court Ltd


(1949) page 65

Cannot exclude/restrict liability for


negligence in relation to personal
injury/death

Acceptance is eective upon receipt

Chappell & Co v Nestle Co Ltd (1960)

Need not be adequate

Repudiatory breach

Termination of contract

Oeree does not have to


communicate to oeror if oeror
implies so

When is it eective

Express terms?

Condition

Felthouse v Bindley (1862)

Acceptance is eective when letter


is posted

Sue for damages

Very important and fundamental to


contract

Cannot impose silence on oeree

Communication

In order to be valid

Express

3. Against statutes

Exklusiv Auto Services Pte Ltd v


Chan Yong Chua Eric (1996)

Hyde v Wrench (1840)

Rejection/Counter-oer

Custom

Routledge v Grant (1828)

Reasonableness

Section 11

Williams v Roey Bros and Nicholls


(Contractors) Ltd (1991)
Variations

Otherwise

1. Fresh consideration
2. One of the following must be
present
2. Seal or deed
3. Promissory estoppel

Both parties must get something in


return for agreeing to the change

Exceptions page 46
Conditions

Oer to change terms must be


voluntary
Obviates disbenefit or practices
benefit