#CL - formation of a contract= offer and acceptance Flashcards
what is an offer
statement of terms for entering a contract
what is an invitation to treat
an offer to make an offer- not binding yet
what is a unilateral offer
one sided contract, reward in exchange for an act
what are examples of invitations to treat
most adverts (unless unilateral)
auctions
goods on shelf or display
what are the rules of an offer
anyone can make an offer even machines and they last for a reasonable time unless agreed otherwise
how can offers be ended
rejection by offerer- counter offer are included but info requests aren’t
revocation =withdrawal before acceptance
lapse of time
death- when the offeree finds out about the death
acceptance
what are the rules on acceptance
mirror image rule
can be by conduct
silence is not acceptance (unless agreed)
typically communicated with the exceptions of postal rule and electronic methods
what is the postal rule
once posted an offer has been excepted
what are the rules for email etc
when it was delivered to inbox- reasonable business hours.
Partridge v Critten
an advert is typically invitation to treat and not an offer
Carlill v Carbolic smoke ball
advertisement contained promises- intended to be taken seriously so it was a unilateral offer
fisher v bell
shops in window are an invitation to treat and not an offer
PS of GB v boots cash chemists
goods in self service shop are an invitation to treat
British car auctions v wright
bidder makes offers at an auction and auctioneer accepts it
Harvey v Facey
information requests are not offers
Thornton v Shoe lane parking
Vending machines and ticket machines- offer is being made by person inserting the money
Taylor v Laird
Offer only exists once it has been communicated
Stevenson v Mclean
exact timing of offer and acceptance is critical in deciding when a contract comes into existence
Routledge v Grant
offers can be revoked at any time provided it is communicated to offeree
Dickinson v Dodds
Revocation can be from reliable source and not offeror itself
Ramsgate Victoria hotel v Montefiore
offers end through lapses of time which are reasonable
Felthouse v Bindley
silence can’t be acceptance
Adams v Lindsell
postal rule- acceptance was when it was posted
Entores v Miles far east
acceptance was once it was communicated to person making offer
