Offer and Acceptance

Flashcards by leylandnicole, updated more than 1 year ago
Created by leylandnicole over 6 years ago


Flashcards on Offer and Acceptance, created by leylandnicole on 12/29/2014.

Resource summary

Question Answer
Unilateral Offers Advertisements for unilateral contracts are generally treated as offers and are capable of being made to the world as a whole. Carlill v Carbolic Smoke Ball Co Bowerman v Association of British Travel Agents
Adverts Most adverts are an invitation to treat: Partridge v Crittendon Unless they are a unilateral offer: Carlill v Carbolic Smoke Ball Co
Display of goods for sale Invitation to treat Shop Window: Fisher v Bell Self service display: Pharmaceutical Society of Great Britain v Boots
Auctions goods at auctions are usually invitations to treat (Harris v Nickerson 0 If the auction is without reserve, there is a promise to sell to the highest bidder (Barry v Davies)
Websites Websites are usually treated as invitations to treat, so mispricing will not usually be an issue. However, if there has been a issue, it will usually fall under mistake (Chwee Kin Keong v
Tenders usually an invitation to treat (Spencer v Harding) This will not be true if the invitation for tenders declares that the offeror intends to be bound to the lowest or highest tenders. Referential Tenders are not legally an offer (Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd)
when does an offer take place? an offer does not and cannot take place unless it is communicated to the oferree; an offeree cannot accept unless he is aware of the offer. this can be problematic in getting reward money from unilateral offer if person didn't know that offer existed.
revocation, the receipt rule an offer cannot be revoked by posting a letter unless the letter was received before the offerree accepted the offer byrne v van tienhoven
implied revocation Pickfords v Celestica Ltd an offer can be impliedly revoked through a second offer
revocation unilateral offer Once a unilateral offer is made, the courts may imply an undertaking that the accepter would be given a reasonable opportunity to perform the contract. Partial performance of a unilateral contract may therefore prevent revocation of the offer.
Revocation-Rejection rejection must be communicated to the offeror Counter offer revokes an offer (Hyde v Wrench)
revocation lapse of time, rejection, express or implied revocation, death
2 conditions of acceptance must be unequivocal and unconditional (mirror image rule); must be communicated to the offeror
counter offer, acceptance counter offer destroys the original offer (Hyde v Wrench)
an inquiry or request for information does not amount to a counter offer or rejection. Stevenson, Jaques & Co v McLean
conditional acceptance is not full acceptance or a counter offer (Lloyd's v Twinn)
battle of the forms last form wins because acting upon that implies it is the contract British Road Services v Arthur V Crutchley & Co Ltd
communication of acceptance acceptance must be communicated to the other party
performance as acceptance? performance can count as acceptance. Brogden v Metropolitan Rly. Carlill v Carbolic Smoke Ball Co
silence-acceptance silence cannot constitute acceptance (Felthouse v Bindley) Acceptance by silence could be sufficient if it was the offeree who suggested that their silence would be sufficient. (Re Selectmove Ltd) Not silence but conduct can.
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