Cases Flashcards
Gibson v Manchester City Council
Certainty of offer, no binding contract if there is no offer.
“we MAY be willing to sell the house to you”
Storer v Manchester City Council
Certainty of offer. Clear and final offer once accepted is binding.
“Sign this form and return it and we will send you the agreement signed by us in exhange”
Fisher v Bell
Display of goods in a shop window is an INVITATION TO TREAT not an offer.
Facts: Flick-knife with ticket saying ‘Ejector knife - 4s’ meaning shopkeeper would be compelled to sell if it was a contract.
Pharmaceutical Society of GB v Boots Cash Chemists
Display of goods on shelf was invitation to treat. Offer is made when customer presents cash at till.
Carlill v Carbolic Smoke Ball co
Rule:Unilateral contracts, only performance of a specific act constitutes acceptance.
“first 20 students in line outside my office at 9am on Monday will recieve…”
Partridge v Crittenden
Adverts - Bramblefinches for sale. Held that advertisements are invitations to treat and not an offer for sale.
Lefkowitz v Great Minneapolis Surplus Store
Confirms reasoning in Carlill v Carbolic, Unilateral offer, advertisement was clear definite and explicit, demonstrated clear intention to be bound therefore amounted to an offer, accepted when Lefkowitz showed up first in line 9am with $1.
Leonard v Pepsico:
Exception to unilateral offers. An advertisment, which a reasonable person would not take seriously, is not an offer.
Pepsi points advert offers a harrier jet for 7,000,000 pepsi points..moron buys 7,000,000 ring pulls and wants his Jet.
Grainger & Son v Gough
Manufacturers may be bound upon acceptance to provide unlimited quantity of goods.
Spencer v Harding
Invitations to tender are not offers. They are asking for bids or offers which they are free to accept
Harvela Investments Ltd v Royal Trust Co of Canada
Exception to invitation to tender. Where invitation expressly contains an undertaking to accept highest or lowest bid constitutes an offer, accepted by making the appropriate bid.
Blackpool & Flyde Aero Club v Blackpool Borough Council.
Invitations to tender. If a bid is submitted properly in accordance with the terms of the invitation it must be considered (not accepted).
Payne v Cave (2 rules)
Auctions: Auctioneers request for bids is in invitation to treat, bidders offer is accepted when auctioneers hammer falls. Bidder can revoke offer before this.
Revocation: can terminate any time before acceptance.
Taylor v Laird
Communication of offer. can be in writing, orally or implied by conduct.
Hyde v Wrench
An attempt to accept an offer on new terms may be a Counter Offer, which rejects the original offer. W offered to sell farm to H for £1000, H makes counter offer of £950, this offer is rejected.
Butler Machine Tool Co v Ex-cell-o Corporation.
Battle of the forms. the person who fires the last shot wins the battle. Deals with offer made on Offerees standard terms and accepted by Offerors materially different standard terms.
Stevenson, Jaques v McLean
Distinguishes Counter-offer from a request for information.
if Offeree attempts to clarify extent and terms of the offer, or to ascertain if the offeror would consent to changing certain aspects of an offer there is no counter offer so original offer remains open.
Ramsgate Victoria Hotel v Montefiore
Termination of Offer, Lapse due to passage of time. Acceptance must be with in a ‘reasonable’ period of time.
Bradbury v Morgan
Termination of offer. Lapse due to death - if notified before acceptance, if offeree is unaware of offeror’s death it probaby wont.
Financings Ltd v Stimson
Termination of Offer - Lapse due to Non-fulfilment of a condition. Offer made subject to the fulfilment of a condition, failure by offeree to fulfil the condition prevents acceptance taking place.
Man sends order to previous shop owner, new shop owner supplies goods Man refuses to pay, saying he has no idea who the shop owner is.
Acceptance must be made in response to an offer. Boulton v Jones.
Man gives information after being arrested, having forgotten all about a reward being offered for that information…then asks for the money.
R v Clarke: Offer is not accepted by doing required act in ignorance.
A woman gives up identity of murderer on deathbed as she fears eternal damnation.
Williams v Carwardine: As long as the offeree has knowledge of the offer and accepted in response to the offer, the motive for accepting is irrelevant.
Man offers to by a horse in the letter with the offer he writes ‘if I hear no more about him, I shall consider the horse mine.’
Felthouse v Bindley: Offeror cannot waive the need for comunication, Silence cannot amount to acceptance.
