contract Flashcards
what is trietel’s definition of an offer
an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed
Harvey v Facey
in order to be valid offer must be exact and definite terms
Gibson v Manchester City Council
word ‘may’ means it was not an offer as it was too vague
fisher v bell
Display of goods is an invitation to treat not an offer
partridge v crittenden
print adverts almost always invitation to treat
Carlill v Carbolic Smoke Ball Co (offer)
reward posters are considered unilateral offers
payne v cave
auctions with reserve are an invitation to treat
Heathcote ball v Barry
auction without reserve is a unilateral offer
what is acceptance
a positive and unconditional agreement to the terms of an offer
what are the methods of accepting an offer
specified, verbal, conduct, post, electronic
Eliason v Henshaw
if method of accepting an offer is specified, must accept by this method
felt house v bindle
acceptance by conduct must be a positive act
Carlill v Carbolic Smoke Ball Co (acceptance)
using item can be positive conduct
Household fire insurance v grant
Acceptance complete on posting, even if lost and never arrives
Adams v linsell
Acceptance is complete on posting
Entores
electronic methods do not follow the postal rule
brinkibon
acceptance is valid once received in an email inbox the next working day
what did Electronic Commerce Regulations 2002 do?
set out email acceptance rule
Ramsgate Victoria Hotel v Montefire
offer can end due to lapse of time
stevenson v McClean
to end an offer there must be a clear rejection, not a request for more information
Hyde v Warren
counter offer rejects the original offer
when does a contract end due to death?
if the offeree in certain contracts (e.g. car sales) dies due to them not being able to take up offer
if offeror dies in a personal service contract
Routledge v Grant (revocation)
can revoke offer at any point of it being open
Byrne v Van TieHoven
revocation does not follow postal rule - must be received by offeree