Contract Flashcards
Rule in Hyde v Wrench
Counter offer kills off original offer
Rule in Payne v Cave
Revocation of an offer possible at any point before acceptance
Rule in Routledge v Grant
Offer revocation possible before end of offeror’s time limit
Byrne v Tienhoven
Offer revocation must be communicated
Dickinson v Dodds
Offer revocation can be communicated via a third party
Entores v Miles
Offeree must communicate acceptance of offer to offeror
Adams v Linsell
Postal rule - acceptance effective once posted
Hentham v Fraser
Postal rule provisor - must be reasonable to accept by post
Holwell Securities v Hughes
Postal rule provisor - offeror must not have displaced postal rule
What are three postal rule provisors?
- Stamped and addressed properly
- Reasonable to accept by post
- Postal rule not displaced by offeror
What is an offer?
An expression of willingness to enter into a legally binding agreement, with no further negotiations to the terms
What is acceptance?
A final, unqualified assent to all terms of an offer
Cundy v Lindsay
Written correspondence contracts can be rendered void by unilateral mistake
Phillips v Brooks Ltd
Face to face contracts cannot be rendered void by unilateral mistake (can be voidable)
Shogun Finance Ltd v Hudson
Substantiated rule in Cundy