Agreement, offer & acceptance Flashcards
Harvey
offer must have willingness/implied offer to sell
Gibson
Invitation to treat/inquiry distinct from offer
Carlill
Unilateral contracts are made to the world - continous
Markholm
Process contract for further contact binding
Dickinson
Revocation of an offer valid at any time, as long as revocation, even by a third party
Byrne
Revocation is only valid upon receipt
Shuey
Unilateral offers may be revoked if done so in the same manner and notoriety as the offer (ignorance of revocation irrelevant)
Manchester Diocesan
Where no exclusive means of acceptance stated, and informal acceptance is binding.
Failing to accept an offer in a reasonable time amounts to a rejection of the offer
Barrick
In an acceptance with lapse of time, consider
- Nature of transaction
- Nature of negotiations and parties
- Circumstances of offer
Hyde
A counter-offer terminates a previous offer
Williams & R v Clarke
Motive for acceptance of a unilateral offer is irrelevant, but intentions and acting ‘in faith’ of offer are
Felthouse
Silence is not a valid mode of acceptance
Empirnall
Conduct may be considered agreement, even if specific assent not present
Holwell
Postal rule not valid where terms state ‘notice to’
Brinkibon
No universal rule for instantaneous means of communication, but must consider:
- Intentions of parties
- Sound business practises
- Judgement of where risk lies
