Formation Evaluations

Question 1

Consideration

Answer 1

1. Determining what is ‘adequate’ is difficult
   - Chappel v Nestle: parties beleived it had value
2. Past consideration is unfair
   Re. Casey’s Patent: implied promise based on skill (what skill)
3. Existing Duty is not applied consistently
   - Stilk v Hartley v Williams

Question 2

Offer and Acceptance

Answer 2

1. Postal Rule Problems
   - slowness of letters, unfair on offeror if it is lost in post, old
2. Problems with modern technology
   - Thomas v BPE Solicitors: when is normal working hours, case-by-case
3. Future Issues (EU)
   - Much of the law on electronic contracts are under EU law
   - Brexit
   - 2019 Law Comission Report called the law “inaccessible to many”
4. Revocation Unclear boundaries
   - Dickinson v Dodds, revocation can come from another person

Question 3

Intention to Create Legal Relations

Answer 3

1. Presumptions are too strict
   - Kleinwort: courts had to look into letters
   - Not enough case law, judges using discretion
2. Burden of Proof unfair on C
   - social/domestic agreements they must OVERTURN presumption
   - Balfour: had come to be expected as part of relationship
3. Issues with Social/ Domestic
   - Simkins v Pays: equal financial input + ICLR
   - Wilson v Burnett: needs to be written proof
4. Marketing ‘Puff’
   - Carlil
   - Esso v Commissioner of Customs and Exercise: world cup coins were ICLR even though they were worthless plastic and part of a marketing campaign