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13 Pages • Partial Study Notes • Year: Pre-2018
LEGT1710 Contract WK 3—6 Essential elements of a contract: Agreement The Offer 1. There must be: •A meeting of the minds showing intention or willingness to be bound. Case: Clarke v Earl of Dunraven and Mount-Earl (1987) AC 59 When they entered a yacht race, each participant sent a letter to the club agreeing to be bound by the club’s race rules. This showed a contract between all competitors, as set out in the race rules. •A firm promise •Communication of the offer (in writing, orally, or by conduct). 2. Notice of offer (may be directed to one person/a group of people/the world at large). Case: Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256
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