Fichas
Offer and Acceptance
Fichas del conjunto (26)
- 1What is an Offer?An offer is an expression of willingness to enter into a legally binding agreement without further negotiation.
- 2The communication in an offer must be...a) Sufficiently specific in terms of the main obligations;
b) Capable of immediate acceptance;
c) Intended to be legally binding. - 3Invitation to treatAn ITT is an expression of willingness to open up negotiations. Determined objectively: Gibson v Manchester City Council
- 4Storer v Manchester City CouncilFacts similar to Gibson, but Storer signed and returned an 'Agreement for Sale'. HELD: Document was sufficiently certain enough to amount to an offer from the council.
- 5Self Service DisplaysPharmaceutical Society of G.B v Boots. The display of goods on shop shelves was merely an invitation to treat. The customer brings the goods to the shop keeper to see whether he will sell or not.
- 6Shop Window DisplaysFisher v Bell
A display of goods in a shop window with a price ticket attached was merely an invitation to treat and not an offer for sale. - 7Auction SalesPayne v Cave
The plaintiff alleged that the D had bought the P's goods at an auction sale. D had made the highest bid but withdrew it before the hammer fell. HELD: Bids constitute offers which are accepted by the fall of the hammer. Sale of Goods Act 1979 confirms this. - 8Auction Sale 'without reserve'.Warlow v Harrison
confirmed in
Barry v Heathcote Ball & Co. ltd - 9'Sealed Bid' AuctionHarvela Investments v Royal Trust of Canada
D obliged to sell to highest bidder - 10Counter OfferIn a counter offer, the offeree will suggest slightly or substantially different terms. This does not constitute acceptance, as it does not mirror the offer.
- 11Hyde v WrenchD offered to sell a farm to P for £1000. P offered £900, which was rejected. P then purported to accept the offer to sell at £1000.D refused to go through with the transaction.
Court Held that the original rejection of the offer in effect destroyed it. - 12Request for informationSuch inquires are not a counter offer. It is not suggesting alternative terms for the contract, but attempting to clarify the way in which the contract will be performed and, in particular, whether a specific type of performance will be acceptable.
Stevenson, Jaques & co v Mclean - 13Battle of the formsOccurs when two companies are in negotiation and, as part of their exchange, they send each other standard contract forms. If the two sets of forms are incompatible, the courts will have to identify whether there is a contract.
Hertford Foods Ltd v Lidl UK - 14If the courts cannot find an offer and acceptance in the battle of the forms the courts have 3 possibilities:1) The contract is made on the terms of the party whose form was put forward 1st.
2) The contract is made on the terms of the party whose form was put forward last
3)There is no contract at all. - 15Butler Machine Tool co ltd v Ex-cell O CorpLord Denning: No contract may be found where the second set of terms is so different that the offeree 'ought not to be allowed to take advantage of the difference unless he draws it specifically'.
- 16Adams v LindsellAcceptance occurs as soon as the letter has been posted
- 17Henthorn v FraserWherever the parties are communicating overseas, it is likely to be reasonable to use the post, even if the offer has been made in some other way. 'The acceptance is complete as soon as its posted'.
- 18Holwell Securities Ltd v HughesThe offer required the acceptance to be given by 'notice of writing' to the offeror. Held that this formulation meant that acceptance would only take effect when received by the offeror. Displaces the postal rule.
- 19Quenerduaine v ColeHeld: that an offer made by telegram required an equally speedy reply.
- 20Household Fire and Carriage Accident Insurance co v GrantHeld: That acceptance is still effective to make a contract, even if it is lost in the post.
- 21Entores v Miles Far East Corp.Areoplane over river example. Acceptance must be heard. In instananeous communication it is generally up to the person sending the communication to ensure that the message gets through. BUT if the reason of the failure to communicate is clearly the fault of the recipient , then he will still be bound.
- 22Brogden v Metropolitan RailwayYou cannot accept a contract simply by deciding that you are going to do so.
- 23Felthouse v BindleyUncle, nephew, horse & auction.
Held: no contract as the nephew never communicated acceptance. - 24Carlill v Carbolic Smoke ball coThe court thought that the company could not expect that everyone should communicate their acceptance to the company. So acceptance by silence is permitted
- 25The BrimnesHeld that acceptance was effective when it was 'recieved' on the charterers' telex machine during office hours, although it was not actually read till the following morning.
- 26Brinkibon ltd v Stahag StahlConfirmed Entores v Miles Far east corp
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- University Contract Law Fichas sobre Offer and Acceptance, creado por chloe.crismani el 20/01/2014.
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- chloe.crismani
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