Acceptance/Intention to Create Legal Relations Flashcards
Re Selectmove
Acceptance by silence could be sufficient if suggested by the offeror.
Daulia v Four Milbank Nominees
Unilateral offer can be accepted by full performance.
Errington v Errington and Woods
Unilateral offer can be withdrawn before it is accepted.
Household Fire Insurance v Grant
Postal rule applies the post is late but never arrives.
LJ Korbetis v Transgrain Shipping
Postal rule does not apply if post fails due to fault of offeree.
Brinkibon v Stahag Stahl
No universal rule for non-instantaneous communication.
The Brimnes
Office our communications to machines are generally considered actual.
Mondial Shipping
Out of hours communications two machines are expected to be ready next working day
Thomas v BPE Solicitors
Working days determined objectively.
Balfour v Balfour
Presumption against contractual intention: husbands and wives.
Merritt v Merritt
Presumption rebutted if couple are separated.
Jones v Padavatton
Presumption against contractual intention: domestic arrangements.
Simpkin’s v Pays
Presumption against contractual intention: flatmates.
Wilson v Burnett
Presumption against contractual intention: friends
Lens v Devonshire Club
Presumption against contractual intention: general social agreements.
