1 To 16 Flashcards
What is the professor Treital rule
‘An expression of willingness to contract on certain terms made with the intention that it shall become binding as soon as it is accepted’
What are the facts of Gibson v Manchester City council
Council sent a letter to tenants of council houses stating they ‘may be willing to sell the property’
What was held in Gibson v Manchester City council
‘May be willing’ indicated uncertainty and an offer must be certain
What are the facts in Partridge v Crittenden
Advert in a magazine about birds for sale
What was held in Partridge v Crittenden
An advert is an invitation to treat as it is clear advertiser doesn’t intend to be bound
What are the facts of Fisher v Bell
Flick knife displayed in shop window
What was held in Fisher v Bell
Display of goods in a shop window is an indication to treat
What are the facts of PGSB v Boots
Medicine displayed on shelves
What was held in PGSB v Boots
Display of goods in a shop is an invitation to treat. Offer to buy is made by customer presenting goods to cashier to pay
What are the facts of Harvey v Facey
Harvey wanted to buy Faceys farm. Harvey sent a telegram saying ‘will you sell Bumper Hall Penn? Telegraph lowest price’ Facey replied, ‘Lowest price acceptable £900’. Harvey tried to accost this but if was not an offer just a statement of price
What was held in Harvey v Facey
Statements of price / requests of information are not offers
What are the facts of Guthing v Lynn
Buyer of a horse promised to pay more is the horse was ‘lucky’ which is too vague a term to enforce
What was held in Guthing v Lynn
The terms of an offer must be certain
What are the facts of Thornton v Shoe lane parking
Thornton drove his car to a car park and the prices were displayed outside the car park and there was a notice that stated cars were parked at their owners risk. An automatic ticket machine provided a ticket and the barrier was raised and he parked his car. On a pillar opposite the machine was a notice stating the owners wouldn’t be liable for any injuries occurring on their premises and Thornton had an accidents and sought damages from SLP
What was held in Thornton v shoe lane parking
A clause can’t be incorporated after a contract has been concluded without reasonable notice before
What are the facts of Taylor v Laird
Taylor gave up being captain of a ship and worked as a crew member instead but didn’t communicate this offer to the ship owner so wasn’t paid
What was held in Taylor v Laird
A valid offer must be communicated
What are the facts of Routledge v Grant
G offered house for sale stating the offer would remain open for 6 weeks. When he told R he no longer wished to sell this was effective revocation even though within the 6 week period. R couldn’t accept offer as it had ended
What was held in Routledge v Grant
An offer can be revoked at any time before acceptance
What are the facts of Byrne v Van Tienhoven
1st October D posts a letter making an offer. 8th October D posts letter revoking the offer. 11th October D receives an offer and accepts the telegraph and letter dated 15th October. 20th October D receives revocation. Revocation wasn’t effective as it came after the acceptance offer
What was held in Byrne v Van Teinhoven
Revocation must be communicated to the offeree before acceptance
What are the facts of Dickinson v Dodds
D offered to sell houses to Dickinson. Even a reliable third party known to both of them told Dickinson that Dodds had withdrawn the offer this was effective revocation
What was held in Dickinson v Dodds
Communication of revocation can be by third party
What are the facts of Bradbury v Morgan
Leigh requested that Bradbury provide credit to her brother of £100. Leigh guaranteed that the account belonged to her brother. Bradbury credited Leigh’s brothers account and continued selling goods to Leigh in their usual manner which was previously agreed. Bradbury had no knowledge to the death of Leigh and Bradbury brought an action for the payment that’s was due for the goods
What was held in Brabury v Morgan
Death of the offeror
What are he facts of Ramsgate v Montefoire
On 8th June Montefoire offered to buy shares at a fixed prices in hotel. On 23rd November offer was accepted but he no longer wanted to buy shares as the price had fallen. Long delay between offer and acceptance meant offer had lapsed and couldn’t be accepted
What was held in Ramsgate v Montefoire
An offer can lapse after a reasonable amount of time if no express time stated
What are the facts of Errington
Father paid deposit for house for son and daughter in law and said he would transfer house to them if they paid the mortgage which the daughter in law did so her performance meant to offer couldn’t be revoked at a later date
What was held in Errington
As acceptance of unilateral offer is done by performance such an offer can’t be withdrawn once performance underway
What are the facts of Hyde v Wrench
Wrench offered to sell farm for £1000. Hyde made a counter offer of £950. Hyde then tried to accept the earlier offer of £1000 but counter offer had brought the original offer to an end
What was held in Hyde v Wrench
A counter offer is not acceptance
