Flashcards
Offer and Acceptance
Cards in this deck (21)
- 1Unilateral OffersAdvertisements 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 - 2AdvertsMost adverts are an invitation to treat: Partridge v Crittendon
Unless they are a unilateral offer:
Carlill v Carbolic Smoke Ball Co - 3Display of goods for saleInvitation to treat
Shop Window: Fisher v Bell
Self service display: Pharmaceutical Society of Great Britain v Boots - 4Auctionsgoods 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) - 5WebsitesWebsites 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 Digilandmall.com)
- 6Tendersusually 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) - 7when 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. - 8revocation, the receipt rulean offer cannot be revoked by posting a letter unless the letter was received before the offerree accepted the offer
byrne v van tienhoven - 9implied revocationPickfords v Celestica Ltd
an offer can be impliedly revoked through a second offer - 10revocation unilateral offerOnce 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.
- 11Revocation-Rejectionrejection must be communicated to the offeror
Counter offer revokes an offer (Hyde v Wrench) - 12revocationlapse of time, rejection, express or implied revocation, death
- 132 conditions of acceptancemust be unequivocal and unconditional (mirror image rule); must be communicated to the offeror
- 14counter offer, acceptancecounter offer destroys the original offer (Hyde v Wrench)
- 15an inquiry or request for informationdoes not amount to a counter offer or rejection.
Stevenson, Jaques & Co v McLean - 16conditional acceptanceis not full acceptance or a counter offer (Lloyd's v Twinn)
- 17battle of the formslast form wins because acting upon that implies it is the contract
British Road Services v Arthur V Crutchley & Co Ltd - 18communication of acceptanceacceptance must be communicated to the other party
- 19performance as acceptance?performance can count as acceptance. Brogden v Metropolitan Rly.
Carlill v Carbolic Smoke Ball Co - 20silence-acceptancesilence 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. - 21WebsitesWebsites 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 Digilandmall.com)
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- degree contract law Flashcards on Offer and Acceptance, created by shalini6rhyme on 14/04/2015.
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- shalini6rhyme · Apr 2015
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- Feb 19, 2016
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- Created by leylandnicole · Apr 14, 2015
- Copied by shalini6rhyme · Apr 14, 2015
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