LAWS105 Lecture Notes - Lecture 2: Nathaniel Lindley, Baron Lindley, Posting Rule, Citator
Document Summary
Agreement: meeting of the minds, determined objectively (reasonable person test, offer and acceptance. Acceptance: needs to be within the time the offer is open and according to directions if there are directions (remember the postal rule, must be communicated - subject to exceptions (eg. acpetance by conduct for unilateral contracts) No identifiable offer and acceptance: clarke v dunraven (regatta rule put the competitors into a contract, battle of the forms. Aims: to understand the case, to understand why this is an important case for contract law, and particularly for this week when we are discussing: "offer", "acceptance and "agreement". Callill the reward: the company appealed and the appeal was dismissed (lindley lj, bowen lj, smith lj agreed with the findings of hawkins j). Smoke ball company argued there was no binding contract because: Decision in carbolic smoke ball: mrs carllill was entitled to the reward. There was a unilateral contract: the offer was the advertisement.
