Formation of Contract: Offer and Acceptance

Question 1

Gibson v Manchester City Council

Answer 1

• An offer must have definite terms, not vague such as ‘may be prepared to’.

Question 2

Partridge v Crittenden

Answer 2

• An advertisement is usually an invitation to treat and not an offer.

Question 3

Carlill v Carbolic Smoke Ball Co.

Answer 3

• The advertisement contained promises that were intended to be taken seriously to it was an offer leading to unilateral contract.

Question 4

Fisher v Bell

Answer 4

• Goods in a shop window are an invitation to treat.

Question 5

Pharmaceutical Society of Great Britain v Boots Cash Chemists

Answer 5

• Goods in a self-service shop are an invitation to treat.

Question 6

British Car Auctions v Wright

Answer 6

• The bidder makes an offer at an auction, the auctioneer accepts it.

Question 7

Harvey v Facey

Answer 7

• A request for information and the response to the request are not an offer.

Question 8

Thornton v Shoe Lane Parking

Answer 8

• In a vending machine or ticket machine, the offer is made by the person inserting the coin.

Question 9

Taylor v Laird

Answer 9

• An offer only comes into existence when it is communicated to the offeree.

Question 10

Stevenson v McLean

Answer 10

• Exact timing of offer and acceptance is critical in deciding when a contract comes into existence.

Question 11

Routledge v Grant

Answer 11

• An offer can be revoked at any time, providing revocation is communicated to the offeree.

Question 12

Dickinson v Dodds

Answer 12

• Revocation can be via a reliable source rather than directly communicated.

Question 13

Hyde v Wrench

Answer 13

• Once an offer is rejected it cannot be accepted.

Question 14

Ramsgate Victoria Hotel v Montefiore

Answer 14

• An offer ends through lapse of time when a reasonable time has elapsed.

Question 15

Felthouse v Bindley

Answer 15

• Acceptance cannot be made through silence.

Question 16

Yates v Pulleyn

Answer 16

• A mandatory method of acceptance by a particular acceptance must be compiled with.

Question 17

Reville Independent LLC v Anotech International (UK) Ltd

Answer 17

• Where acceptance is directed to be by a particular method, but that method is not mandatory, the directed method may be found to have been waived.

Question 18

Adams v Lindsell

Answer 18

• If the postal rules apply, acceptance takes place at the moment of posting.

Question 19

Entores v Miles Far East

Answer 19

• With non-postal acceptance, acceptance takes place when the offeror is aware of the acceptance.

Question 20

Brinkibon Ltd v Stahag Stahl

Answer 20

• Acceptance takes place when a message is opened.

- After the acceptance is sent back to the offeror.

Question 21

Byrne v Van Tienhoven

Answer 21

• An example of the working of offer and acceptance issues in negotiations.

Question 22

Article 11 of Electronic Commerce

Answer 22

• Electronic Methods of Acceptance.

- Acceptance occurs when the offeror is aware of the acceptance.