Offer

Question 1

Define ‘Offer’

Answer 1

the indication by one person to another of his or her willingness to enter into a contract with that other person on certain terms with the intention that if accepted, it shall be binding

Question 2

What is the seminal case for offers?

Answer 2

Carlil v Carbollic Smoke Ball

Question 3

Define ‘invitation to treat’

Answer 3

An invitation to another person to make an offer

Question 4

Define and provide case(s) for advertisements.

Answer 4

Advertisements of goods for sale are normally construed as invitations to treat: Partridge v. Crittenden. However, Ads may be construed as offers if they are unilateral in nature: Carlill v. Carbolic Smoke Ball Co

Question 5

Define and provide case (s) for Auction sales

Answer 5

The auctioneer’s request for bids is an invitation to treat and each bid is an offer. Each offer is cancelled by any higher offer by another bidder: See the cases of Payne v. Cave4 and Harris v. Nickerson.

Question 6

Define and provide case(s) for display of goods

Answer 6

The display of an article with a price on it in a shop window is an invitation to treat: Fisher v. Bell.

Also, a display of goods in a supermarket is an invitation to treat: Pharmaceutical Society of Great Britain v. Boots Cash Chemists.

Question 7

Define Invitations to Tender

Answer 7

a request for tenders is an invitation to treat and each tender is an offer.

Question 8

The requestor can reject or accept a tender even if it is the highest bid. Name the case.

Answer 8

Spencer v Harding

Question 9

An invitation to tender may amount to an offer of the unilateral type if that is what was clearly intended. Name the case

Answer 9

Harvela v Royal Trust of Canada

Question 10

What is request for information? Name a case.

Answer 10

Harvey v Facey

Question 11

What is Gibson v Manchester City Authority for?

Answer 11

The process of the sale of land involves many steps (sometimes complex) it is usually difficult to distinguish the offer from mere steps in the negotiation process:

Question 12

“I Am prepared to sell you my estate”. Name the case and whether it is an offer or not.

Answer 12

Clifton v Palumbo. Not an offer.

Question 13

Name the 2 ways offers can be terminated

Answer 13

1. Express rejection by the offeree and 2. Counter offer

Question 14

An offer must be ______ before it can take ______.

Answer 14

accepted, legal effect.

Question 15

Termination: The offeree must accept the exact terms made by the offeror and must not introduce new terms. Name the case.

Answer 15

Hyde v Wrench

Question 16

Name a case for mere request for information (2)

Answer 16

Stevenson Jacques & Co v Mclean

Question 17

Define: Lapse of time and name the two case provided.

Answer 17

Ramsgate Victoria Hotel case and FInancing Ltd Stimson

Question 18

Termination: Death. Name two cases provided

Answer 18

Bradbury v Morgan and Dickinson v Dodds

Question 19

Define Revocation

Answer 19

The Offeror can revoke the offer at any time before acceptance. The Offeror may even break a “promise” to keep the offer open for a period of time, unless supported by consideration.

Question 20

The Offeror can revoke the offer at any time before acceptance. The Offeror may even break a “promise” to keep the offer open for a period of time, unless supported by consideration. Name the case this is authority for

Answer 20

Routledge v Grant

Question 21

Revocation must be communicated to the offeree to be effective. Name the case

Answer 21

Byrne v Van Tienhoven

Question 22

The communication of revocation need not be made by the Offeror personally. It can be communicated by some reliable third

Answer 22

Dickinson v Dodds

Question 23

If it can be established that the Offeree has commenced performance, then the offer may not be revoked. Name the case

Answer 23

Errington v Errington

Question 24

What is Acceptance?

Answer 24

An acceptance is an unconditional assent, communicated by the Offeree to the Offeror, to all the terms of the offer, made with the intention of accepting

Question 25

The Offeree must unconditionally accept the exact terms proposed. Name case

Answer 25

Hyde v Wrench

Question 26

Acceptance: Acceptance “subject to contract.” name case

Answer 26

Branca v Cobarro

Question 27

Contract involving the sale of land are not binding until there is an exchange for signed documents.

Answer 27

Winn v Bull

Question 28

What do we mean by communication of acceptance? Leading case too

Answer 28

Acceptance must be communicated by the Offeree (or someone with his permission) to the Offeror. The contract comes into being when and where the acceptance is received: Entores v Miles Far East COrp

Question 29

What is the method of acceptance with cases

Answer 29

When the Offeror has indicated a specific method of communicating acceptance and clearly states that no other will suffice, then this will preclude other methods: Eliason v Henshaw.

Question 30

What happens if no clear method of acceptance is mentioned? Case

Answer 30

Equal and superior mode will be accepted (Tinn v Hoffman)

Question 31

What is acceptance by post? Case

Answer 31

acceptance is complete immediately when the letter of acceptance is properly addressed, stamped and posted. The contract is concluded, even if the letter subsequently fails to reach the Offeror: Adams v. Lindsell.

Question 32

Exceptions to the postal rule with case.

Answer 32

i) letter of acceptance not properly posted: Re London and Northern Bank.
ii) the express terms of the offer exclude the postal rule: Holwell Securities v. Hughes.
iii) it is unreasonable to use the post (when dealing with perishable goods).