BU231 Lecture Notes - Lecture 21: Rescission, Estoppel, Trade Union
Document Summary
Carlill v. carbolic smoke (1892) 2 q b 484 (case 5. 4) Offers may be made to an indefinite number of people. Acceptance may be communicated by performance of the contract- unilateral; acceptance and performance are one. The price you pay for the promise of the other. Gifts are not enforceable- you can find a legal way to keep it after it is given though. The court will not inquire into the adequacy of the of the bargain- just something must be given. Intention is presumed and the burden is on the party seeking to avoid the contract to rebut. We may want to bend a rule at times. Unless it is a contract, we will try to remedy the situation unless it is a gratuitous reduction of debt. Exceptions- seal, new consideration, new party: 16 of the mercantile law amendment act.
