Evaluation of Offer and Acceptance Flashcards
Is a display an offer or an invitation to treat?
Have clarified the law so that all items on display are an invitation to treat not an offer. Means that customers cannot demand to buy an item on display and shop decides whether to accept or not (prevents thing such as under age customers buying alcohol).
Is an advert an offer or an invitation to treat?
It seems as though an advert is only an offer when there is a reward attached to it as in Carlill V Carbolic smoke ball.
What are the problems with counter offers?
The counter offer ends the original offer but the conduct of the offeree is considered acceptance even if the new offer hasn’t been signed and they were acting based on the original offer.
How do we know when the offer has ended?
Offers do not end even after the offeror has died which seems unfair.
Also say that an offer ends after a reasonable time if it has not been accepted but gives no guidelines as to how long this should be.
Should silence be considered as acceptance?
Seems that silence is only accepted when some form of conduct goes along with it. This seems unfair for parties who are both happy with an arrangement and presume acceptance has taken place.
Is the postal rule outdated?
Can be especially problematic when things are lost and delayed in the post.
Nothing stopping the offeree claiming they sent the letter when in reality they did not.
Is the postal rule too strict?
Seems that it favours the offeree and is very strict on the offeror as acceptance takes place when the letter is posted regardless of whether or not it is delivered.
How has the law adapted to modern forms of communication?
Reluctant to apply the postal rule to modern forms of communication. There has been little clarification but for emails, texts etc its presumes acceptance takes place th moment of pressing send. Whereas with a telex machine it takes place the moment its been received.
