Formation of Contract: Offer and Acceptance Flashcards
1
Q
Gibson v Manchester City Council
A
- An offer must have definite terms, not vague such as ‘may be prepared to’.
2
Q
Partridge v Crittenden
A
- An advertisement is usually an invitation to treat and not an offer.
3
Q
Carlill v Carbolic Smoke Ball Co.
A
- The advertisement contained promises that were intended to be taken seriously to it was an offer leading to unilateral contract.
4
Q
Fisher v Bell
A
- Goods in a shop window are an invitation to treat.
5
Q
Pharmaceutical Society of Great Britain v Boots Cash Chemists
A
- Goods in a self-service shop are an invitation to treat.
6
Q
British Car Auctions v Wright
A
- The bidder makes an offer at an auction, the auctioneer accepts it.
7
Q
Harvey v Facey
A
- A request for information and the response to the request are not an offer.
8
Q
Thornton v Shoe Lane Parking
A
- In a vending machine or ticket machine, the offer is made by the person inserting the coin.
9
Q
Taylor v Laird
A
- An offer only comes into existence when it is communicated to the offeree.
10
Q
Stevenson v McLean
A
- Exact timing of offer and acceptance is critical in deciding when a contract comes into existence.
11
Q
Routledge v Grant
A
- An offer can be revoked at any time, providing revocation is communicated to the offeree.
12
Q
Dickinson v Dodds
A
- Revocation can be via a reliable source rather than directly communicated.
13
Q
Hyde v Wrench
A
- Once an offer is rejected it cannot be accepted.
14
Q
Ramsgate Victoria Hotel v Montefiore
A
- An offer ends through lapse of time when a reasonable time has elapsed.
15
Q
Felthouse v Bindley
A
- Acceptance cannot be made through silence.
16
Q
Yates v Pulleyn
A
- A mandatory method of acceptance by a particular acceptance must be compiled with.
17
Q
Reville Independent LLC v Anotech International (UK) Ltd
A
- 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.
18
Q
Adams v Lindsell
A
- If the postal rules apply, acceptance takes place at the moment of posting.
19
Q
Entores v Miles Far East
A
- With non-postal acceptance, acceptance takes place when the offeror is aware of the acceptance.
20
Q
Brinkibon Ltd v Stahag Stahl
A
- Acceptance takes place when a message is opened.
- After the acceptance is sent back to the offeror.
21
Q
Byrne v Van Tienhoven
A
- An example of the working of offer and acceptance issues in negotiations.
22
Q
Article 11 of Electronic Commerce
A
- Electronic Methods of Acceptance.
- Acceptance occurs when the offeror is aware of the acceptance.
