Acceptance

Question 0

Butler v Ex-Cell-O Corp

Answer 0

Facts: The defendant did not accept the claimant’s price variation clause as a term, but none-the-less the claimant delivered the machinery
Decision: The offer was not accepted an the claimant’s terms
Significance: Communication must be analysed to find offer and acceptance

Question 1

Gibson v Manchester CC

Answer 1

Facts: Gibson wrote an application to buy his council house; the new government changed the scheme
Decision: No contract
Significance: Offer and acceptance must be clear

Question 2

Holwell v Hughes

Answer 2

Facts: The claimant’s offer to buy a house was lost in the post
Decision: Postal rule does not apply
Significance: The postal rule does not apply where specified acceptance must reach the offeror or where it would cause absurdity/inconvenience

Question 3

Entores v Miles

Answer 3

Facts: Communication over telex
Decision: No acceptance
Significance: Postal rule cannot apply to instantaneous communication

Question 4

Carlil v Carbolic Smoke Ball Co

Answer 4

Facts: An advert is made offerings a sum of money if the medicine doesn’t work
Decision: Offer and acceptance found
Significance: To be analysed on the facts of the case, e.g. Seriousness of offer made

Question 5

Errington v Errington

Answer 5

Facts: A father promised his son his house if he paid the mortgage; the father died before completion
Decision: The house was his as long as he continued the payments

Question 6

RTS Flexible Systems v Moteiri

Answer 6

Facts: A number of letters where written deciding the terms of a contract; work began before finalised
Decision: “Subject to contract” terms can’t always be deemed a contract; depends on the circumstances

Question 7

British Steel Corp v Cleveland

Answer 7

Facts: Work began before contract
Decision: No contract but as work began a restitutionary recovery should take place