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Contract Law > 18-Essential Requirements (1): Offer And Acceptance > Flashcards

18-Essential Requirements (1): Offer And Acceptance Flashcards

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1
Q

Who is the offeror?

A

Person who makes the offer.

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2
Q

Who is the offeree?

A

Person to whom an offer is made.

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3
Q

Person who makes the offer.

A

Offeror

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4
Q

Person to whom offer is made.

A

Offeree

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5
Q

What is an ‘invitation to treat’?

A

Indication that one person is willing to negotiate a contract with another.

But not yet willing to make a legal offer.

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6
Q

Indication that one person is willing to negotiate a contract with another.

But not yet willing to make a legal offer.

A

Invitation to treat

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7
Q

What case demonstrates that advertisements are generally considered an ‘invitation to treat’?

A

Partridge v Crittenden (1968)

Facts: D advertised birds for sale. Was prosecuted for ‘offering for sale’ a wild bird against Protection of a Birds Act 1954)

-not charged because advert was invitation to treat not an offer.

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8
Q

Partridge v Crittenden (1968)

A

Principle: advertisements are generally ‘invitation to treat’.

Facts: D advertised birds for sale. Was prosecuted for ‘offering for sale’ a wild bird against Protection of a Birds Act 1954)

-not charged because advert was invitation to treat not an offer.

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9
Q

What is a bilateral contract?

A

When both parties have an obligation to do something.

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10
Q

When both parties have an obligation to do something.

What type of contract is this?

A

Bilateral contract

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11
Q

What is a unilateral contract?

A

An agreement to pay in exchange for a performance, if potential performer chooses to do so. I.e. there is no obligation to do so.

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12
Q

An agreement to pay in exchange for a performance, if potential performer chooses to do so. I.e. there is no obligation to do so.

What type of contract is this?

A

Unilateral contract

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13
Q

Example of a unilateral contract.

Give brief facts.

A

Carlill v Carbolic Smoke Ball Co. (1893)

Facts: D offered £100 to anyone who used their medicine but got influenza.

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14
Q

Carlill v Carbolic Smoke Ball Co (1893)

A

Example of: unilateral contract

Facts: D offered £100 to anyone who used their medicine but got influenza.

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15
Q

INVITATION TO TREAT

Which case demonstrates that goods in a shop window are an invitation to treat?

Give brief facts.

A

Fisher v Bell (1961)

Facts: flick knife with price tag in window.

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16
Q

Fisher v Bell (1961)

A

Principle: goods in a shop window considered an invitation to treat rather than an offer.

Facts: Flick knife with price tag in window.

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17
Q

INVITATION TO TREAT

What case demonstrates that goods on a supermarket shelf are considered an invitation to treat?

Give brief facts.

A

Pharma Society of GB v Boots (1953)

Facts: D was charged with offering for sale controlled products without supervision. Not guilty as offer made at till not shelf.

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18
Q

Pharmaceutical Society of GB v Boots (1953)

A

Principle: Goods on a supermarket shelf are an invitation to treat.

Facts: D was charged with offering for sale controlled products without supervision. Not guilty as offer made at till not shelf.

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19
Q

Give four examples of invitation to treat.

A

1) Fisher v Bell (1961)
- Goods in a shop window

2) Pharma Society of GB v Boots (1953)
- Goods on supermarket shelf

3) British Car Auctions v Wright (1972)
- Goods at an auction

4) Harvey v Facey (1893)
- Request for info (about the price)

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20
Q

INVITATION TO TREAT

What case demonstrates that goods at an auction are an invitation to treat?

Give brief facts.

A

British Car Auctions v Wright (1972)

Facts: offering to sell un fit motor. Held to be only invitation to treat.

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21
Q

British Car Auctions v Wright (1972)

A

Principle: goods at an auction are an invitation to treat.

Facts: Auctioneers charged with attempting to offer unfit motor. Held that they were actually inviting to treat.

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22
Q

INVITATION TO TREAT

What case demonstrates that a request for info (about the price for example) is considered an invitation to treat?

Facts?

A

Harvey v Facey (1893)

Facts: C asked for lowest possible price D is willing to receive for farm. After D states lowest price, C claims that is an offer. Held NOT to be an offer.

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23
Q

Harvey v Facey (1893)

A

Principle: a request for information (such as price) that is acted upon is only an invitation to treat.

Facts: C asked for lowest possible price D is willing to receive for farm. After D states lowest price, C claims that is an offer. Held NOT to be an offer.

24
Q

What case demonstrates that machines can make an offer on behalf of a company?

A

Thornton v Shoe lane Parking (1971)

25
Q

Thornton v Shoe Lane Parking (1971)

A

Demonstrates that a machine can make an offer on behalf of a company.

26
Q

What case demonstrates that communication requires the offeree to know of the existence of the offer?

A

Taylor v Laird (1856)

Facts: C gave up captaincy and worked as crew member on ship whilst it returned to England. Ship owner did not receive communication of this and therefore no contract existed to pay C a wage.

27
Q

Taylor v Laird (1856)

A

Principle: Communication requires offeree must know of the existence of the offer.

Facts: C gave up captaincy and worked as crew member on ship whilst it returned to England. Ship owner did not receive communication of this and therefore no contract existed to pay C a wage.

28
Q

What case demonstrates that exact timing is crucial in forming a contract?

A

Stevenson v McLean (1880)

Facts: Offeree accepted offer by telegram before telegram arrived from D saying he had sold to 3rd party.
Offeree allowed to claim.

29
Q

Stevenson v McLean (1880)

A

Principle: exact timing can be critica in forming a contract.

Facts: Offeree accepted offer by telegram before telegram arrived from D saying he had sold to 3rd party.
Offeree allowed to claim.

30
Q

Name 5 ways an offer can end.

Give case examples where necessary.

A

1) Revocation-Routledge v Grant (1828)
2) Rejection-Hyde v Wrench (1840)
3) Lapse of time-Ramsgate v Victoria Hotel v Montefiore (1866)
4) Death
5) Acceptance

31
Q

What case is an example of a revocation of an offer?

A

Routledge v Grant (1828)

Facts: D offered house for sale for 6 weeks but then withdrew offer before that time. Offer ended.

32
Q

Routledge v Grant (1828)

A

Example of: revocation of an offer

Facts: D offered house for sale for 6 weeks but then withdrew offer before that time. Offer ended.

33
Q

What case demonstrates that revocation must be effectively communicated, not necessarily by offeror?

A

Dickinson v Dodds (1876)

Facts: Reliable third party known to both C and D, told C that offer was revoked. This was effective revocation.

34
Q

Dickinson v Dodds (1876)

A

Example of : third party communicating a revocation.

Facts: Reliable third party known to both C and D, told C that offer was revoked. This was effective revocation.

35
Q

What case is an example of rejection through a counter offer?

A

Hyde v Wrench (1840)

Facts: D offered farm for £1k. C counter offers, therefore rejecting original offer ending the offer.

36
Q

Hyde v Wrench (1840)

A

Example of: a rejection through a counter offer.

Facts: D offered farm for £1k. C counter offers, therefore rejecting original offer ending the offer.

37
Q

What case is an example of an offer ending due to a lapse of time?

A

Ramsgate Victoria Hotel v Montefiore (1866)

Facts: D makes offer in June for shares. C accepts offer in November when shares had lowered in value. D refused to pay. Kind delay constituted lapse of time.

38
Q

Ramsgate Victoria Hotel v Montefiore (1866)

A

Example of: a lapse of time leading to an ending of an offer.

Facts: D makes offer in June for shares. C accepts offer in November when shares had lowered in value. D refused to pay. Kind delay constituted lapse of time.

39
Q

Acceptance

A

A final and unconditional agreement to all the terms of the offer.

40
Q

A final and unconditional agreement to all the terms of the offer.

A

Agreement

41
Q

Felthouse v Bindley (1863)

A

Principle: Silence does not constitute acceptance of an offer.

Facts: C made offer in final correspondence saying ‘if I hear no more, I consider the horse mine’.
D did not respond but this was held not to be acceptance.

42
Q

What case demonstrates that silence cannot constitute acceptance of an offer?

A

Felthouse v Bindley (1863)

Facts: C made offer in final correspondence saying ‘if I hear no more, I consider the horse mine’.
D did not respond but this was held not to be acceptance.

43
Q

Some offers may require a particular manner of acceptance.

Which case is an example of a manner of acceptance being wavered?

A

Yates v Pulleyn (1975)

Facts: Option to purchase land by recorded delivery. C sent offer through normal post.

44
Q

Yates v Pulleyn (1975)

A

Example of: when a manner of acceptance that is required by Offerer is wavered.

Facts: Option to purchase land by recorded delivery. C sent offer through normal post.

45
Q

What case demonstrates ‘acceptance by conduct’ regarding acceptance of an offer?

A

Reveille Independent v Anotech International Ltd. (2016)

Facts: Offeree amends offer and signs. Offerer does not sign amended offer but accepts the performance from offeree therefore accepting the offer by conduct.

46
Q

Reveille Independent v Anotech International Ltd. (2016)

A

Example of: acceptance by conduct

Facts: Offeree amends offer and signs. Offerer does not sign amended offer but accepts the performance from offeree therefore accepting the offer by conduct.

47
Q

What case established the ‘postal rules’ for how an acceptance is made by post?

A

Adam v Lindsell (1818)

Facts: The offerer’s letter was delayed in post. Offeree sent acceptance at moment of receipt of offer. But offerer had sold wool to 3rd party. This was breach of contract.

48
Q

Adam v Lindsell (1818)

A

Established the ‘postal rules’ for acceptance by use of the post.

Facts: The offerer’s letter was delayed in post. Offeree sent acceptance at moment of receipt of offer. But offerer had sold wool to 3rd party. This was breach of contract.

49
Q

What are the ‘postal rules’ for accepting an offer by post?

Which case is this from?

A

1) Rules only apply if post is usual or expected means of comms.
2) Letter must be properly addressed and stamped.
3) Offeree must be able to prob they posted letter.

50
Q

How do the postal rules differ from that of ordinary rules of acceptance?

Who supports this and with what case?

A

Postal rules only require a letter of acceptance (before any revocation of an offer) to be posted for an acceptance to occur.

Normal rules are the offeree must be aware of the acceptance.

Lord Denning, Entores v Miles Far East (1955)

51
Q

Online businesses must provide key info to consumer and if omitted no contract will be formed.

Which 2 acts provide for this?

What forms of comms do they cover?

A

1) Consumer Protection (Distance Selling) Regulations 2000
2) Consumer Rights Act (2015)

Phone, fax, online shopping, mail order, e-mail and tele shopping.

52
Q

What Act provides that where buyer is required to give consent through tech means (like clicking on icon) contract formed when buyer receives confirmation of receipt of acceptance?

A

Article 11 Electronic Commerce Regulations 2002

53
Q

Article 11 Electronic Commerce Regulations (2002)

A

Provide that where buyer has to give consent through tech means (like clicking icon) then contract is made when buyer receives confirmation of receipt of acceptance.

54
Q

What case is an example of a dispute regarding the timing of an e-mail in relation to accepting an offer?

A

Thomas and Gander v BPE Solicitors (2010)

Facts: Acceptance delivered on Fri @ 6pm before bank holiday. D claimed not to have read until Tuesday. Court rejected claim because working-hours were not finished.

55
Q

Thomas and Gander v BPE Solicitors (2010)

A

Example of: acceptance by E-mail

Facts: Acceptance delivered on Fri @ 6pm before bank holiday. D claimed not to have read until Tuesday. Court rejected claim because working-hours were not finished.

56
Q

What Act provides that goods received without request will not form contract if receiver doesn’t confirm acceptance even if they keep the goods?

A

Unsolicited Goods and Services Act (1971)

Contract Law (10 decks)

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