#CL - formation of a contract= offer and acceptance

Question 1

what is an offer

Answer 1

statement of terms for entering a contract

Question 2

what is an invitation to treat

Answer 2

an offer to make an offer- not binding yet

Question 3

what is a unilateral offer

Answer 3

one sided contract, reward in exchange for an act

Question 4

what are examples of invitations to treat

Answer 4

most adverts (unless unilateral)
auctions
goods on shelf or display

Question 5

what are the rules of an offer

Answer 5

anyone can make an offer even machines and they last for a reasonable time unless agreed otherwise

Question 6

how can offers be ended

Answer 6

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

Question 7

what are the rules on acceptance

Answer 7

mirror image rule
can be by conduct
silence is not acceptance (unless agreed)
typically communicated with the exceptions of postal rule and electronic methods

Question 8

what is the postal rule

Answer 8

once posted an offer has been excepted

Question 9

what are the rules for email etc

Answer 9

when it was delivered to inbox- reasonable business hours.

Question 10

Partridge v Critten

Answer 10

an advert is typically invitation to treat and not an offer

Question 11

Carlill v Carbolic smoke ball

Answer 11

advertisement contained promises- intended to be taken seriously so it was a unilateral offer

Question 12

fisher v bell

Answer 12

shops in window are an invitation to treat and not an offer

Question 13

PS of GB v boots cash chemists

Answer 13

goods in self service shop are an invitation to treat

Question 14

British car auctions v wright

Answer 14

bidder makes offers at an auction and auctioneer accepts it

Question 15

Harvey v Facey

Answer 15

information requests are not offers

Question 16

Thornton v Shoe lane parking

Answer 16

Vending machines and ticket machines- offer is being made by person inserting the money

Question 17

Taylor v Laird

Answer 17

Offer only exists once it has been communicated

Question 18

Stevenson v Mclean

Answer 18

exact timing of offer and acceptance is critical in deciding when a contract comes into existence

Question 19

Routledge v Grant

Answer 19

offers can be revoked at any time provided it is communicated to offeree

Question 20

Dickinson v Dodds

Answer 20

Revocation can be from reliable source and not offeror itself

Question 21

Ramsgate Victoria hotel v Montefiore

Answer 21

offers end through lapses of time which are reasonable

Question 22

Felthouse v Bindley

Answer 22

silence can’t be acceptance

Question 23

Adams v Lindsell

Answer 23

postal rule- acceptance was when it was posted

Question 24

Entores v Miles far east

Answer 24

acceptance was once it was communicated to person making offer