Offer and acceptance

Flashcards by alan.10a, updated more than 1 year ago
Created by alan.10a almost 7 years ago


KBL 1&2 combined

Resource summary

Question Answer
What is a contract and what does it take to make one? A legally binding agreement. Offer + acceptance + consideration = Contract
How can contracts be made? Contracts may be in writing, or oral, or may be inferred from conduct
What are the sources of contract law? 1) Mainly common law 2) Statutes 3) EU Law
What are a few examples of contracts? Sale of goods, Employment contracts, Sale of land
What is an offer? An offer is a proposition made by one party to another on terms that are fixed or capable of being fixed with the intention that it will be binding on him when accepted by the other person
What is an offeror? The party making the offer
What is an offeree? The party to whom the offer is made
What is an invitation to treat? An expression of willingness to enter negotiation i.e. advertisements
What is the difference between an offer and an invitation to treat? The intention: In an invitation to treat you are only expressing your willingness to enter negotiation, it is up to you to decide whether you want to form the actual contract or not as seen in Fisher v Bell
What is a unilateral offer? An offer made to more than one individual which can be accepted by anyone through embarking upon performance i.e. finding lost cats A case for this would be Carlill v Carbolic Smoke Ball
An offer must be communicated because... You cannot ‘accept’ an offer you know nothing about
What is a request for information? It is an attempt to find out more information about the terms of the contract and it does not act as a counter offer as seen in Stevenson v Mclean
Until what point can an offer be withdrawn? An offer may be revoked or withdrawn by the offeror at any time before it is accepted as seen in Dickinson v Dodds
What is a counter offer? A counter offer rejects the original offer in an attempt to bargain and replaces the original offer which means that you cannot return to the old offer as seen in Hyde v Wrench
According to what case must the withdrawal of an offer be effectively communicated? Bryne v Van Tienhoven
What is a tender? A tender is an estimate given in response to a request as seen in Spencer v Harding
How can acceptance be made? By conduct, verbally or in writing as seen in Brogden v Metropolitan Railway where acceptance was made by conduct
Can acceptance be made through silence? No it cannot as seen in Felthouse v Bindley
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