O+A Flashcards
Give the intro for O+A
An offer is a firm indication of terms on which a party is willing to agree. Acceptance means accepting all of the terms made by the offeror. Usually offer and acceptance must mirror each other.
Give the inv to treat for O+A
An invitation to treat is not the same as an offer, as the terms are usually not clear.
- Written adverts (Partridge v Crittenden) and shop displays (PSGB v Boots) are usually only invitations to treat unless the terms are very clear (Carlill).
- Also, a mere exchange of information like in Harvey v Facey is not enough to be an offer.
Give the offer ending for O+A
Once a clear offer is made, there are numerous ways in which it can end:
- The offeror may die, unless the offeree is unaware of the death and is not necessary for the offer.
- The offer may end through lapse of time if such time has passed that it is reasonable to believe that the circumstances may have changed (Ramsgate Hotel)
- The offer may have been revoked if this was communicated before acceptance (Routledge v Grant)
- A counter offer terminates the original offer (Hyde v Wrench)
Give the acceptance for O+A
Generally, acceptance has to be communicated to the offeror to be effective as Felthouse v Bindley shows silence is not enough.
Adams v Lindsell sets out the postal rule and shows that acceptance is valid when post is sent, even if it doesn’t arrive, if post was the expected form of communication.
Brinkibon shows with modern communication, acceptance is valid from when the acceptance reaches the inbox if this is during business hours. If this is not during business hours we should look at the parties normal business practices to see if this was effective.
Give the eval points for O+A
- Inv to treat vs clear offer clear which is good as stops shop owners having to sell display to minors, but times when adverts ARE offers (Carlill)
- Postal rule is positive as clear + certain because definite moment of acceptance, but offeror may be locked into contract without knowing
- Brinkibon bad as unclear + uncertain as doesn’t follow postal rule, but can avoid injustice where communication outside business hours expected
