Flashcards
Cases
Cards in this deck (18)
- 1Grainger & Son v GoughAdvertisements are not offers, they are merely invitations to treat. reason for this is that there is no objective intention.
- 2Carlille v Carbolic Smokeball Co.Exception to Grainger. Advertisements can constitute offers if there is objective intention.
- 3Leonard v Pepsi CoException to Carlille. Even if there is objective intention if no reasonable person would have expected to collect then there is no offer.
- 4Harvey v FaceyA quotation is not an offer - step in negotiations
- 5Spencer v HardingTenders may have collateral contracts e.g. read all offers before deciding or first come first served etc.
- 6Howberry Lane v Telecom EireannReferential bids are preemptively excluded from tenders.
- 7Brogden v Metro RlwyAcceptance can be express or implied.
- 8Hyde v WrenchCounter offer amounts to a rejection of the original offer.
- 9Wheeler v JeferyAdding a new term constitutes a counter offer
- 10Stevenson v McCleanAn enquiry will not constitute a counter offer
- 11Felthouse v BindlySilence is not acceptance
- 12Adams v LindsellGeneral rule acceptance is complete on receipt. However if acceptance is posted it is complete upon posting.
- 13Holwell Securities v HughesPostal rule will not apply if a term of the contract dictates as such.
- 14EntoresThe general rule applies to instantaneous means of communication.
- 15Payne v CaveAn offer can be withdrawn at any point before acceptance
- 16Byrne & Co v LeonPostal rule does not apply to withdrawl
- 17Dickinson v DoddsThere is revocation if it has been reasonable conveyed from a reliable source
- 18Errington v ErringtonIt is implicit with unilateral offers that the offerer will not attempt to frustrate the preformance
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- university Contract (Offer and Acceptance) Flashcards on Cases, created by mforan on 02/09/2013.
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