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Law Paper 3 - Contract Law + Nature of Law > Formation - Offer and Acceptance > Flashcards

Formation - Offer and Acceptance Flashcards

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1
Q

What is the POL from Pharmaceutical Society vs Boots?

A

Contract is formed when the goods are presented at the cash desk and not when they are taken off the shelf

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2
Q

What is the POL from Partridge vs Crittenden?

A

Advertisement of Bramblefinch cocks and hens at 25s each was an
invitation to treat not an offer

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3
Q

What is an invitation to treat?

A

A party is merely inviting the other party to offers and that other party is free to accept/reject

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4
Q

What is a bilateral contract?

A

Promise by one party has been exchanged for a promise by another party
E.g. Buyer promises to pay the price and the seller promises to deliver the goods.

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5
Q

What is a unilateral contract?

A

One party promises to do something in return for an act from the other party. E.g. Carbolic Smokeball case

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6
Q

What is an invitation to tender?

A

Can amount to an offer if that was the intention, but generally an ITT.
Harvela 1985.

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7
Q

What is the POL from Payne vs Cave?

A

Bids at an auction can be withdrawn any time prior to the hammer falling

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8
Q

What is the auctioneer requesting for bids?

A

An invitation to treat

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9
Q

What is the POL from Harris vs Nickerson?

A

withdrawal of furniture from an auction that was in a catalogue-was an ITT–cant sue for breach.

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10
Q

What is the POL from Barry v Heathcote Bait?

A

auction without reserve-bids of 2 lots of £200 for machinery worth £14000 each. Auctioneer withdrew and sold privately, claimant awarded
£27600 damages as a collateral contract between the bidder and auctioneer.

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11
Q

What is the POL from Fisher vs Bell?

A

Flick knife in a shop window is an invitation to treat

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12
Q

What is the POL from Harvey vs Facey?

A

Statement of the minimum price at which the party may be willing to sell is NOT an offer, Facey had written the lowest price acceptable to sell his farm would be £900

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13
Q

What is the POL from Carlill vs Carbolic Smoke Ball Co?

A

Smoke ball advertised with the promise if used and you got flu they would pay £100, Mrs Carlill did get flu, held the promise was an offer and it was accepted when she used it

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14
Q

What is the POL from Taylor vs Laird?

A

Offer must be communicated to the Offeree, it’s impossible to accept something to which you have no knowledge of.

Taylor gave up captaincy of a ship and worked as a crew member–claim for wages failed as ship owner had no communication of Taylor’s offer.

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15
Q

What is the POL from Inland Revenue vs Fry?

A

Offeree must have knowledge of the offer to be valid and enforceable.

Cheque for £10,000 sent to clear a debt of £13000—said in full settlement. It was cashed as that is the procedure at IR—IR phone for extra £3000—no knowledge of when cheque cashed, so no acceptance.

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16
Q

What is the POL from Guthing vs Lynn?

A

Terms of an Offer must be certain.

Promise to pay £5 more ‘if the horse is lucky was too vague to enforce as it is unmeasurable

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17
Q

What is the POL from Routledge vs Grant?

A

Can withdraw an offer at any point before it is accepted.

Grant offered house for sale with understanding the offer would remain open for 6 weeks, took off the market before 6 weeks-legitimate

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18
Q

What is the POL from Byrne vs Van Tienhoven?

A

Offeror must communicate the withdrawal of the offer to the offeree.

VT withdraws offer by post 8th Oct. B accepts 11 Oct. 15 Oct confirms in writing. 20 Oct receives VT letter of withdrawal. Withdrawal invalid as received after B acceptance.

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19
Q

What is the POL from Dickinson vs Dodds?

A

Communication of withdrawal can be by a relable third party.

Berry was an acquaintance on whom they both could rely withdrew offer-legitimate

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20
Q

What is the POL from Errington vs Errington & Woods?

A

Unilateral offer cannot be withdrawn while the offeree is performing.

Father promises a house to son if mortgage payments paid off. Father died, family want house, remains with son if he pays mortgage.

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21
Q

What are the 4 ways that an offer can be terminated?

A

by acceptance, refused eg with counter offer, withdrawal or time
lapsed.

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22
Q

What is the POL from Ramsgate Victoria Hotel V Montefiore?

A

M offered to buy shares in June, issued in November, held the offer to buy had lapsed.

23
Q

What can acceptance be defined as?

A

Communication by the offeree to the offeror, to all the terms of the offer, made with the intention of accepting.

24
Q

When is a contract not binding until?

A

Until the parties have expressed acceptance

25
Q

What are the 4 points that must be for acceptance to be valid?

A
  1. Acceptance must be unconditional
  2. Acceptance must be communicated
  3. Method of acceptance
  4. Acceptance must be given in exchange for the offer
26
Q

Does the offeree have to accept the exact terms proposed?

A

Yes

27
Q

What does a counter offer do?

A

Rejects the original offer

28
Q

What is the POL from Hyde vs Wrench?

A

W offers to sell farm to H for £1000, H rejects and says £950, W rejects, H tried to accept at original price, W said no which is legally okay as a counter offer rejects the original offer

29
Q

What is the POL from Stevenson vs McLean?

A

Selling iron, price and quantity agreed but asked if delivery could be staggered - request for information is not a counter offer

30
Q

Can acceptance be taken from silence?

A

No

31
Q

What is the POL from Felthouse vs Bindley?

A

Uncle sued the auctioneer as he couldn’t prove that the horse was his as the nephew never accepted the offer

32
Q

Does acceptance have to be communicated within unilateral contracts?

A

No, the performance will be sufficient enough

33
Q

Is there a specific method of acceptance for all contracts?

A

No, but if the offeror specifies a method of acceptance then this has to be abided by for valid acceptance

34
Q

What is the POL from Yates vs Pulleyn?

A

Option to purchase land had to be in writing sent by registered or recorded post - sent by ordinary post so it was invalid

35
Q

What happens if there is no method of acceptance stated?

A

The appropriatre manner may be adopted

36
Q

What is the postal rule?

A

Acceptance is complete immediately when the letter has been posted

37
Q

What is the POL from Adams vs Lindsell?

A

The postal rule still applies even if the letter is lost, destroyed or delayed

In this case the letter was delayed

38
Q

What is the POL from Household Fire Insurance vs Grant?

A

Acceptance posted but never received but still valid

39
Q

In what situations will the postal rule not apply?

A
  1. The letter of acceptance was not properly posted
  2. The letter is not properly addressed
  3. Postal rule is expressly excluded
  4. It is unreasonable to use the post
40
Q

What is the POL from Holwell Securities vs Hughes?

A

Acceptance was required in writing so the postal rule didn’t apply

41
Q

What is the ruling with emails?

A

The contract will not come into being until the acceptance has been received - Thomas 2010

42
Q

What is the ruling with Telex Telephone?

A

As it is immediate it was effective acceptance

43
Q

What is the POL from Brinkbon vs Stahag Stahl?

A

Telex was recieved out of office hours - only effective when the office is open

44
Q

What is stated in the Electronic Commerce Regulations 2002?

A

Contract concluded by purchaser accepting by clicking on an icon then receiving electric acknowledgement of the receipt of the recipients acceptance

45
Q

What is the POL from Fitch 1868?

A

C cannot claim the reward if he does not have knowledge of the offer

46
Q

What are the 3 ways that an offer can be terminated?

A
  1. Revocation
  2. Lapse
  3. Death
47
Q

What is the POL from Routledge vs Grant?

A

An offer can be revoked any time up until it has been accepted

48
Q

What is the POL from Dickinson vs Dodds?

A

Communication of the revocation does not have to be done personally

49
Q

What is the ruling on revocation under unilateral contracts - Errington vs Errington?

A

Once the performance has been made then the offeror cannot revoke

50
Q

What is lapse of an offer?

A

An offer will lapse after a fixed period or a reasonable length of time - a reasonable time period depends on the circumstances

51
Q

What is the POL from Stimson 1962?

A

Offer can lapse if it is made subject to a condition which then fails

52
Q

What happens if the offeror dies before acceptance?

A

Offeree can accept if the contract does not involve a personal service, or the offeree has not been notified of the death

53
Q

What happens if the offeree dies before acceptance?

A

Offer cannot be accepted

Law Paper 3 - Contract Law + Nature of Law (9 decks)

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