Contract Law: Offer and Acceptance

Question 1

What is the P.O.L in the case Carlill v Carbolic Smoke Ball Co?

Answer 1

• Example of a unilateral offer

- Advertisements are Invitations to Treat unless they contain terms

Question 2

What is the P.O.L in the case Routledge v Grant?

Answer 2

• One party cannot be bound while the other is not

Question 3

What is the P.O.L in the case Hyde v Wrench?

Answer 3

• A counter offer extinguishes the original offer

Question 4

What is the P.O.L in the case Pharmaceutical Society v Boots?

Answer 4

• Goods in shops are Invitations to Treat, not offers

Question 5

What is the P.O.L in the case Bradbury v Morgan?

Answer 5

• An offer of a personal nature will end if the offeror dies

Question 6

What is the P.O.L in the case Adams v Lindsell?

Answer 6

• The Postal Rule: Acceptance via post takes place as soon as the letter is posted, not on receipt

Question 7

What is the P.O.L in the case Gibson v MCC?

Answer 7

• An offer must be clear and unambiguous

Question 8

What is the P.O.L in the case Fisher v Bell?

Answer 8

• Goods in shops are Invitations to Treat, not offers

Question 9

What is the P.O.L in the case Partridge v Crittenden?

Answer 9

• Advertisements are Invitations to Treat unless they contain terms

Question 10

What is the P.O.L in the case British Car Auctions v Wright?

Answer 10

• An advert to hold an auction is an Invitation to Treat

Question 11

What is the P.O.L in the case Stevenson v McLean?

Answer 11

• Asking for extra information isn’t a counter offer

Question 12

What is the P.O.L in the case Ramsgate Hotel v Montefiore?

Answer 12

• An offer can lapse after a ‘reasonable’ amount of time

Question 13

What is the P.O.L in the case Byrne v Van Tienhoven?

Answer 13

• Revocation must take place before acceptance

Question 14

What is the P.O.L in the case Errington v Errington?

Answer 14

• When there is an ongoing act of acceptance, the offer cannot be revoked

Question 15

What is the P.O.L in the case Dickinson v Dodds?

Answer 15

• Revocation can be communicated through a ‘reasonable’ third party

Question 16

What is the P.O.L in the case Shuey v US?

Answer 16

• Revocation must be advertised in the same form as the original offer

Question 17

What is the P.O.L in the case Yates v Pulleyn?

Answer 17

• The Prescribed Method: when the offeror states the form in which acceptance must occur, the offeree must oblige

Question 18

What is the P.O.L in the case Entores v Miles Far East Corp?

Answer 18

• Instantaneous Communication: phone calls, emails, texts etc

Question 19

What is the P.O.L in the case Felthouse v Bindley?

Answer 19

• Silence is never valid acceptance

Question 20

What is the P.O.L in the case Brinkibon v Stahag Stahl?

Answer 20

• Instantaneous methods of acceptance must be read by the offeror to be valid

Question 21

What is the P.O.L in the case Mondial Shipping v Astarte?

Answer 21

• Acceptance occurs at the start of the working week of sent outside business hours