LAW P3 CONTRACT CASES (OFFER AND ACCEPTANCE)

Question 1

What is the case for offer (intention to be bound)

Answer 1

Carlill v Carbolic smoke ball, the advert amounted to the offer for a unilateral contract

Question 2

What is the case for offer termination (revocation)

Answer 2

Dickinson v Dodds, the offer made can be revoked at any time before acceptance takes place

Question 3

What is the case for offer termination (counter offer)

Answer 3

Hyde v Wrench, when a counter offer is made it supersedes and destroys the original offer

Question 4

What is the case for offer termination (lapse of time)

Answer 4

Ramsgate victoria hotel v montefiore, a reasonable period of time had passed and the offer had lapsed

Question 5

What is the case for ITT (goods on display)

Answer 5

Fisher v Bell, the display of the item was not an offer of sale but merely an invitation to treat

Question 6

What is the case for ITT (advertisements)

Answer 6

Partridge v crittenden, the advertisement was not an offer but an invitation to treat

Question 7

What is the case for acceptance (must be communicated)

Answer 7

Felthouse v Bindley, silence did not amount to acceptance and an obligation cannot be imposed by another

Question 8

What is the case for acceptance (terms must match terms of offer)

Answer 8

Hyde v Wrench, when a couner offer is made it supersedes and destroys the original offer, meaning the original offer is no longer able to be accepted

Question 9

What is the case for acceptance (agreement must be certain)

Answer 9

Scammell and nephew v ouston, there was no certainty as to the terms of the agreement