• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Contract Law

Extracts from this document...


Contract Law Question 1. Part A 1. The Sunday Sentinel has for many years run a weekly crossword competition Readers are invited to complete a large and very difficult crossword, and send it in to the paper. The total prize each week is �5,000, and this is split between those readers sending in correct answers. a) In one week, one of the crossword clues was printed in error, with the result that there was no clue for the word that was supposed to appear in the crossword. It was announced in the Monday edition of the sister paper , the Daily Sentinel, that the competition was cancelled for that week. However, Bel only takes the Sunday Sentinel, and on Tuesday sent in an entry which was in fact wholly correct - she had worked out that the clue was a mistake, and guessed the answer. This was the only correct answer, but the paper refused to pay. The issue that arises here is that did Bel accept the offer contained in the crossword puzzle and in addition did she provide any consideration for her promise contained in the offer? The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. ...read more.


Finally the defendants in the case of 5Henthorn v. Fraser maintained tat they were not bound to sell the property to the plaintiff because they validly withdrew their offer before it was accepted. Based on this the newspaper company can claim that they had withdrawn the offer (Monday) before they received acceptance (on Tuesday) and since the general rule is that acceptance takes place upon posting of the acceptance as can be seen in the case of 6Entores Ltd v. Miles Far East Corporation Bel can not be entitled to the reward money. Part B. b) In another week, Molly has the bright idea of getting her friends Nel and Olly to photocopy her completed entry and send it in to the Sunday Sentinel. Molly's entry is a correct answer, but the paper's editor refuses to give Nel and Olly a share of the prize, despite the fact that photocopied entries are not expressly excluded by the rules. It may be argued that it is up to the offeror to state any particular terms or conditions of the offer and more importantly whether the acceptance must be in a particular form i.e. Fax etc. However it is then up to the offeree to perform the act in its entirety. ...read more.


Balfour, Warrington LJ states that "these two people never intended to make a bargain which could be enforced by law" In addition to this Atkin LJ held that Mrs. Balfour had not "supplied consideration for her husbands promise since the parties were still husband and wife at the time of the agreement and had not separated at the time of the agreement. Therefore since Des and Ellie were still husband and wife when they entered the crossword there was no intention to make a legally binding contract between both of them. However if Ellie had been living with Roy at the time of the agreement then according to 10Merritt v Merritt (1970) the contract would have been enforceable. In conclusion, according to the case of Simpkins V. Pays Des owes Ellie half the winnings. Further Professor Freeman argues that Balfour v Balfour is a case that represents Victorian family values and that the opinion of Des to refuse Ellie the money is not one of a reasonable mans. . 1 Carlill v Carbolic Smokeball Co 1893 2 Byrne & Co v Leon Van Tienhoven 1880 3 Contract Law Ewan McKendrick page 129 4 Shuey v United States1875 5 Henthorn v Fraser 1892 6 Entores Ltd v Miles Far East Corporation 7 Errington v Errington and Woods 1952 8 Simpkins v Pays 1955 9 Balfour v Balfour 1919 10 Merrit t v Merritt 1970 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Contract Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

3 star(s)

The grammar and overall structuring of the essay (see, e.g. paragraph 1 of part (a)) could be improved. Part (c), in particular, appears rushed and is quite muddled. Also the author does not get beyond the very basic case law and would benefit by using more appropriate and recent cases. 3 stars.

Marked by teacher Edward Smith 18/03/2012

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Contract Law essays

  1. The Distinction Between An Offer And An Invitation To Treat Is Often Hard To ...

    Beatson 1998) There are certain situations where rules of law have been established when looking at offers and an I.T.T these are: * Advertisements * The display of goods * Tenders * Auctions In each of these the courts have tried to set certain rules by way of precedent, so as to elucidate the criterion of intention.

  2. Critically discuss the presumptions relating to the intention to create legal relations.

    stated that the agreement was not a formal legal agreement subject to the juristriction of the courts. The defendants announced that they would not be taking any more orders, the plaintiffs sued in attempt to enforce the agreement. However, the House of Lords upheld the "honourable pledge clause" and stated that there was no legal intention.

  1. Has the Contracts (Rights of Third Parties) Act 1999 created as many problems as ...

    Another issue is what defences are available to a promisor. Under the Act the promisor may assert against the third party by way of defence or set-off "any matter that...arises in connection with the contract and is relevant to

  2. Valley Homes v. Ace Minerals Corp.

    Jones quickly redid the calculations and found to her added horror that instead of making a 15 percent profit on the deal they would suffer a 20 percent loss. On such a huge order this could be enough to bankrupt the company.

  1. law of contract-offer and acceptance

    The courts ruled that having a knife in a shop window with a price on it is an invitation to treat. In this scenario Kensall Homes has made an enquiry but the offer has been made by Millennium Ltd, in which they offered to sell 100 solar panels at �2000

  2. Analyse the elements required for the formation of a valid contract.

    Contracts could also be is implied by fact, which occurs when the circumstances imply that "the parties have reached an agreement even though they have not done so expressly (wikipedia, Contract). An invitation to treat in contract to offers, by auction sales, advertising, the circulation of a price list, exhibiting

  1. Advise the parties whether there is a contract between Hettie and Barbara for the ...

    Terms in a contract can include time limits for building work, certain payment dates, or any other 'rules', which both parties must follow. In this case, the term of the contract is that of the price of the piano, which is �2,500 and in order for a contract to be formed, both parties must agree on this term.

  2. All contracts are agreements but all agreements are not contracts. Discuss.

    when it was supposed to be, consequently P?s tender arrived late and was excluded from consideration. P sued in contract and negligence. The contract highlight that were received in time. P succeeded, the court of Appeal holding that it was possible to have exceptions to the rule that invitations to tender were not contractual offers.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work