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  • Contracts accounts for 145 out of 726 casebriefs.

Style of causeRatio

Dewolfe v Richard


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.

Dominion Building Corp Ltd vThe King [1933] AC 533

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

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 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

Falcke v. Gray, 62 Eng. Rep. 250 (1859)

You cant get specific performance for ordinary chattels, but if the chattel is unique and damages wouldn’t be an adequate remedy you can get specific performance – unless the object had been sold to a 3rd person, then you get damages

Felthouse v Bindley (1862) EWHC CP J 35

Silence is not acceptance – must communicate acceptance. A party must make a positive act to constitute acceptance. Cant impose an obligation on another party to accept or refuse

Felthouse v Bindley (1862) EWHC CP J 35.

No, while there's a third party involved, the agreement of both parties is insufficient, an unequivocal action is required.

Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd, [1942] UKHL 4, [1943] AC 32, [1942] 2 All ER 122

Where a party obtains no benefit from a contract (K), and they have paid part of a sum before frustration, then that party can recover the money paid in advance because it can be said there has been total failure of consideration.

Fidler v. Sun Life Assurance Co. of Canada, [2006] 2 S.C.R. 3

Is the damage foreseeable? If yes you can recover damages for mental distress
**Rejects idea of showing an independently actionable wrong – you just must show the Hadley and Baxendale test.
You can recover damages for mental distress if the object of the contract was to secure psychological benefit, it brought you mental distress, and it was in the contemplation of the parties, and then only if the degree of suffering is sufficient to warrant damages.