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  • Contracts accounts for 155 out of 812 casebriefs.

Style of causeRatio

Denton v. G.N. Railway Co. (1856) 5 E. &B. 860 57

If people are doing what they are encouraged to do by another party then that is sufficient exchange of values, therefore a contract is created.

Dewolfe v Richard

n/a

Dick Bentley Productions v Harold Smith Motors [1965] 1 WLR 623 (CA)

1. If a representation is made in the course of dealings for a contract
**a. For the very purpose of inducing the other party to act on it,
**b. And it actually induced him to act on it,
2. Then it is prima facie ground for inferring a warranty,
3. The assumption can be rebutted by the maker of the misrepresentation (objectively look at the intention of the party)
**a. If they show it was an innocent misrepresentation

Dickinson v. Dodds, Court of Appeal, Chancery Division, 1876 (1876), 2 Ch. Div. 463

(1) An offer (unilateral or bilateral) can be revoked anytime before acceptance.

(2) An Offeror cannot revoke a unilateral contract after the Offeree has commenced performance or before the offeree completes performance.

(3) The acceptance was insufficiently valid to establish a contract between the parties.

Dimmock v Hallett (1866) LR 2 Ch App 21

A statement which is itself true, but which misrepresents the whole situation because of what is left unsaid, can amount to a misrepresentation.

Dominion Building Corp Ltd vThe King [1933] AC 533

No, it may be waived in the offer by specifying another means of acceptance.

East v Mauer [1991] 1 WLR 461

Fraudulent misrepresentation can be remedied by damages through tort law.

Foregone profits: recoverable via tort where C might be expected to make them in a SIMILAR hairdressing business.
To recover profits that would have been particular to THIS business, breach of a contractual warranty needed to be shown.

Edgington v Fitzmaurice (1884) 29 Ch 459

Where a party has been induced both by his own mistake + a material misstatement by other party to do an act by which he receives injury, the speaking party may be made liable in an action for deceit.

A misstatement of the intention of one party in doing a particular act can amount to a misstatement of fact. If the other party was misled by it, an action of deceit may be founded on misstatement of fact.

Eleanor Thomas v. Benjamin Thomas (1842) 2 Q.B., 114 E.R. 330

Moral consideration/obligation is no consideration – moral motive for entering into a contract is not valid consideration.
Consideration is something of value in the eyes of the law ($1 or $100) and the extent of that value is irrelevant.

Eliason v. Henshaw, 17 U.S. 4 Wheat. 225 225 (1819)

Offeror is the master of the terms of the contract and can specify how and when acceptance is to be delivered – where it is delivered as in this case.
**Offeror has the power to dictate terms of acceptance

Empress Towers v. Bank of Nova Scotia [1991] 73 D.L.R (4th) 400 (B.C.C.A.)

If a clause was clearly intended and understood to have legal effect by both parties, the courts will try, wherever possible, the give the clause the proper legal effect.

Contracts where the parties say something will be agreed – are not enforceable (still must look at other circumstances cause there is exceptions).

Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3

Applicable only to England:
No acceptance until the offer is actually received.

Errington v Errington Wood [1952] 1 KB 290

A unilateral contract cannot be revoked once the other party entered on performance of the act, but the contract would cease to be binding if the party left it incomplete and unperformed.

Esso Petroleum Co Ltd v Mardon [1976] QB 801

A statement as to the future is not a statement of fact and cannot amount to a misrepresentation.

A party's relative expertise compared to the other party must be deemed to have warranted a forecast was made with reasonable care and skill, as the statement induced the contract.

Esso Petroleum v Mardon [1976] QB 801 (CA)

If a person who has, or professes to have, special knowledge or skill makes a representation (be it advice, info, or opinion) with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct and the advice, info, or opinion is reliable.
**If he negligently gives unsound advice or misleading info, inducing the other side to enter into a contract, he is liable in damages