Offer and Acceptance

gabriellafearns
Mind Map by , created over 6 years ago

Contract Mind Map on Offer and Acceptance, created by gabriellafearns on 04/29/2013.

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gabriellafearns
Created by gabriellafearns over 6 years ago
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Offer and Acceptance
1 FORMATION OF CONTRACT
1.1 Pre-Contractual phase
1.1.1 British Steel Case
1.1.1.1 Held -- there was no contract, they had failed to agree a price and the issue of liablity. HOWEVER did extra-contractual cause of action restitution
1.1.1.1.1 NB/ Ball contends in LQR 1993 - law should take a more flexible approach however Andrews says this would ruin freedom of contract.
1.1.2 RTS v Muller
1.1.2.1 there was a 'subject to contract' bar --> SC held that where the parties completed 3/4 of the tasks they implicitly waived StoC bar.
1.1.2.1.1 Lord Clarke - says StoC is not always conclusive - may find a contract where (i) significant performance (ii) loose ends tied up.
1.2 Agreements prior to formation of contract NB English law X recognise 'good faith'
1.2.1 Walford v Miles
1.2.1.1 Good faith would be too vague and would require the courts to inquire - drenched in subjectivity.
1.2.1.1.1 Could have a 'lock out' clause if period is fixed.
1.3 Main aspects of proposed transaction
1.3.1 Queensland Electric v Hope Colleries
1.3.1.1 15 yr supply contract - said after 5 years provisions shall continue - tried to argue that this was no more than an agreement to agree - held OBJ.
1.4 ANCILLARY AGREEMENTS
1.4.1 Petromec v Petroelo
1.4.1.1 suggests a 'built-on' negotiation clause may be valid.
1.4.1.1.1 Longmore LJ --> says (i) uncertainty (ii) termination (iii) diff to assess loss HOWEVER if this is ancillary certainty is dealt with in main agreement
2 OFFER
2.1 Clear unequivocal willingess to be bound upon the offerees acceptance
2.1.1 Contrast - INVITATION TO TREAT
2.1.1.1 British Pharmaceutical v Boots - held that taking off shelves not acceptance at most it is an offer to the cashier.
3 ACCEPTANCE
3.1 (i) Awareness of the offer Taylor v Allon - offered temp insurance and didnt know
3.1.1 (ii) Must not have forgotten about the offer Gibbons v Proctor
3.1.1.1 NB/ action does not have to be in response to offer Williams v Carwardine - told them information so wouldn't go to hell on death bed.
4 Sequential analysis Gibson v Manchester CC
5 PROBLEM OF SILENCE
5.1 Felthouse v Bindley - silence will not suffice, vulnerable and equivocal.
5.1.1 Rust v Abbey Life - failed to cancel insurance for 7 years - held acceptance
5.1.1.1 Nissan v Nissan - Exchanged Faxes , delivering CofA held actions spoke as loud as words

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