Comparative Contract Law Part II: The law of contract. Comparative Law LLM Kuwait International Law School Spring 2013 Dr Myra Williamson. Introduction. What is a â€œcontractâ€? Here are 2 possible definitions:
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Kuwait International Law School
Dr Myra Williamson
There are many types of contracts including insurance (car, house, health etc), employment, construction, real estate, consumer goods and services etc.
If any of these are present, the contract might be void or voidable (more on this later)
See page 105 of Barker, Law Made Simple
Boultonv Jones (1857)
Jones made the “offer” to Brocklehurst
Boulton “accepted” the offer and supplied the pipes to Jones
Jones refused to pay
Jones argued: there was no contract between him and Boulton
The advertisement was placed in the Pall Mall Gazette of 13 November 1891
At first instance, Hawkins J held:
MrsCarllil is entitled to the 100 pounds
Carbolic Smoke Ball appealed that decision
Court of Appeal held: MrsCarllil was entitled to the 100
(It upheld the lower court’s decision)
What does this case stand for?
This case is authority for the proposition that when an offer is made to the whole world, anyone can accept by complying with the terms of the offer
The offeree does not need to tell anyone that they have complied with the offer
At a certain point during the trip, he refused to go any further and he gave up command of the ship
However, he helped the ship home and then claimed payment for that work.
Taylor could not recover because he did not communicate his offer (to work the ship home) to the owner, Laird
Since the offer was not communicated, Laird never had the chance to accept or refuse the offer
What is this case authority for?
It is authority for the proposition that for an offer to be valid, it must be communicated to the offeree