Offer and Acceptance

Offer and Acceptance

1. Offeror had the intention to be bound

   • Harvey v Facey
   • Carlil v Carbolic Smokeball

2. Invitations to treat

   • Goods on display in shops
     • Pharmaceutical Society v Boots
     • Fisher v Bell
   • Adverts
     • generally invitations to treat
       • Partridge v Crittenden
       • Some instances where it can amount to an offer
         • Carlil v Carbolic Smokeball

3. Contracts by Tender

   • Request is an invitation to treat and each tender submitted amounts to an offer unless otherwise

4. Auction

   • Each bid is an offer which is accpeted by the auctioneer
     • Heathcote Ball v Barry

5. Machines

   • Machine represents an offer, paying the money is the acceptance
     • Thornton v Shoe Lane Parking

6. Offer rejected by

   • Death of offeror or offeree
   • Lapse of time
     • Offer will terminate after a reasonable lapse of a time
       • Ramsgate Victoria Hotel v Montefiore
   • Revocation
     • Can take place anytime before acceptance
       • Dickinson v Dodds
       • May not apply where acceptance full performance
         • Errington v Errington
         • Dahila v Four Millbank
   • Counter Offer
     • Counter offer nulls the original
       • Hyde v Wench

7. Acceptance

   • Must be Communicated
     • offeror must receive acceptance before it is effective
       • Entorres v Miles Far East
     • Silence does not amount to acceptance
       • Felthouse v Bindlt
     • Acceptance by conduct
       • Brogden v Metropolitan Railway.Co
       • Butler Machine Tool v Ex-Cell-o Corporation
     • Postal Rule
       • Acceptance takes place when the letter is placed in the post box
         • Adams v Lindsell
         • Parties can exclude this
           • Holwell Securities v Hughes
   • Terms of Acceptance matches the terms of the offer
     • Hyde v Wencht
   • Agreement must be certain
     • must be possible to determine exactly what the parties have agreed to
       • Scammell & Nephew v Ouston
       • Sudbrook Trading Estate v Eggleton