Optimize Contract Law by Kathrin Kuhnel-Fitchen, Tracey Hough

By Kathrin Kuhnel-Fitchen, Tracey Hough

The Optimize sequence is designed to teach you ways to use your wisdom in review. those concise revision publications disguise the main usually taught themes, and supply you with the instruments to:

Understand the legislation and bear in mind the details

    • using diagrams and tables all through to illustrate how the legislations matches together

Contextualise your knowledge

    • identifying and explaining the way to practice criminal rules for vital cases
    • providing cross-references and additional interpreting that can assist you goal better in essays and exams

Avoid universal misunderstandings and errors

    • identifying universal pitfalls scholars come across at school and in evaluate

Reflect severely at the law

    • identifying contentious components which are up for debate and on which you'll have to shape an opinion

Apply what you will have discovered in assessment

    • presenting studying goals that mirror usual overview criteria
    • providing pattern essay and examination questions, supported through end-of bankruptcy suggestions

The sequence is additionally supported through entire on-line assets that let you tune your growth in the course of the run-up to exams.


This moment variation has been totally amended to mirror the most recent situations and advancements within the legislation, in addition to new and better diagrams throughout

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Example text

The case of Stilk v Myrick (1809) is precedent for this point: Case precedent – Stilk v Myrick (1809) 170 ER 1168 Facts: During a voyage, two crew members deserted their ship. The remaining crew were promised extra wages to staff the ship back to London. The captain later refused to pay the extra money. Principle: The court held that there had been no consideration for the captain’s promise of extra wages. e. to sail the ship for the complete voyage. No fresh consideration had been given for the promise.

28 Optimize Contract Law Key case Area of law Principle Byrne v Van Tienhoven (1880) 5 CPD 344 Concerned written negotiations for the sale of tinplate. Revocation was communicated after the letter of acceptance had been posted. Revocation of an offer will be effective when it has been communicated to the offeree. Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Concerned an advertisement for a smoke ball that was supposed to cure influenza. Precedent on unilateral offers. An offer can be made to the world at large and communication of acceptance is not necessary.

The law requires that, for an agreement to be binding, the promisee must provide some kind of payment for the promise they have received. Thus, a gratuitous promise is generally not enforceable. The term ‘payment’ is used widely here. Payment need not be of monetary value; whilst some ‘detriment’ on behalf of the promisee is required, the detriment can take the form of giving something up, for example, stopping smoking. The promisor need not receive any tangible part, so a promisee made by the offeror to pay an overweight associate a sum of money upon losing a specified amount of weight would be enforceable.

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