Introduction to contract

May be legally

binding

agreement

Creates

enforceable rights

and obligation

Remedy: damages for

breach or and specific

performance

Simple Contracts may be made orally/in writing/implied by conduct also referred to as

consensus ad idem : (Smith v Hughes – does not matter what a persons intention is, if he acts a certain way as if he is assenting

that causes a reasonable person to believe that he has entered in a contract then the party with the

conduct is bound)

Special Contracts : Land ,

Conveyance –must be in writing

Bilateral Contracts: exchange of promises is

sufficient to be enforceable

Unilateral Contract: This is where a reward is promised

by one person to anyone who finds a wallet, only one

person is bound to do something

Agreement

??

Conduct may

determine(Sm

ith v Hughes)

Objective test may be

employed (Centrovincial

Estates PLC v Merchant

investment(1)

Objective test : what the

parties did and gleaning

through the documents

(Gibson v Manchester

_Lord Denning indicated

that we should glen

through the documents

and pay attention to the

conduct of the parties)

Agreements formed , by

conduct or when offer

is communicated in a

mutually agreed

manner

Elements

of

contract

Offer

acceptance

Consideration

Intention to

create legal

relation

Privity

Certainty

Terms

Exclusion

clauses