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Contract > Offer + acceptance > Flashcards

Offer + acceptance Flashcards

1
Q

Offer

A

A clear and communicated willingness to contract on definite terms

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2
Q

Invitation to treat

A

An indication of willingness to negotiate a contract, preparatory to an offer

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3
Q

Gibson v Manchester City Council 1979

A

Words such as ‘might’ or ‘may’ indicate uncertainty and therefore an invitation to treat

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4
Q

Partridge v Crittenden 1968

A

Generally, an advertisement is an invitation to treat

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5
Q

Carlill v Carbolic Smoke Ball Co. 1893

A

An ad can be an offer in exceptional circumstances. This usually happens in a unilateral rather than a bilateral contract

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6
Q

Fisher v Bell 1961

A

Goods in a shop window are an invitation to treat and there is no obligation to sell them to a potential customer

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7
Q

Pharmaceutical Society of Great Britain v Boots 1953

A

• Goods on a shelf are an invitation to treat
• The offer is made by the customer at the till, which the cashier can either accept or reject

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8
Q

British Car Auctions v Wright 1972

A

Lots at an auction are an invitation to treat. The bidder makes the offer that the auctioneer accepts

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9
Q

Harvey v Facey 1893

A

A reply to a request for information is not an offer

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10
Q

Thornton 1971

A

An offer can be made by an individual, a company, an organisation, a notice or a machine

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11
Q

Taylor v Laird 1856

A

An offer only comes into existence when it is communicated

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12
Q

Stevenson v McLean 1880

A

• A request for information does not end the contract
• It is difficult to determine the difference between a counter-offer and a request for information

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13
Q

What ways can an offer end?

A

• Revocation
• Rejection
• Lapse of time
• Death
• Acceptance

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14
Q

Routledge v Grant 1828

A

The revocation must be communicated before it can take effect

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15
Q

What is a collateral contract?

A

offeree can make a separate contract with the offeror to keep the offer open or only to sell to them

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16
Q

When can a collateral contract be enforced?

A

If the offeror refuses to sell within the agreed period or sells the item to someone else

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17
Q

Dickinson v Dodds 1876

A

Communication through a reliable source is sufficient

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18
Q

Errington v Errington and Woods 1952

A

In cases where conduct indicates acceptance, the offer cannot be revoked when the expected conduct continues

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19
Q

What case states that where conduct indicates acceptance, the offer cannot be revoked when the expected conduct continues?

A

Errington v Errington and Woods 1952

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20
Q

What case states that communication through a reliable source is sufficient?

A

Dickinson v Dodds 1876

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21
Q

What case states that revocation must be communicated before it can take effect?

A

Routledge v Grant 1828

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22
Q

What case shows that it is difficult to determine the difference between a counter-offer and a request for information?

A

Stevenson v McLean 1880

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23
Q

What case shows that a request for information does not end the contract?

A

Stevenson v McLean 1880

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24
Q

What case states that an offer only comes into existence when it is communicated?

A

Taylor v Laird 1856

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25
Q

What case states that an offer can be made by an individual, a company, an organisation, a notice or a machine?

A

Thornton 1971

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26
Q

What case states that a reply to a request for information is not an offer?

A

Harvey v Facey 1893

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27
Q

What case states that a request for information can’t be accepted?

A

Harvey v Facey 1893

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28
Q

What case states that lots at an auction are an invitation to treat, and the bidder makes the offer that the auctioneer accepts?

A

British Car Auctions v Wright 1972

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29
Q

What case states that the offer is made by the customer at the till, which the cashier can either accept or reject?

A

Pharmaceutical Society of Great Britain v Boots 1953

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30
Q

What case states that goods in a shop window are an invitation to treat and there is no obligation to sell them to a potential customer?

A

Fisher v Bell 1961

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31
Q

What case states that an ad can be an offer in exceptional circumstances?

A

Carlill v Carbolic Smoke Ball Co. 1893

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32
Q

What case states that advertisements are generally an invitation to treat?

A

Partridge v Crittenden 1968

33
Q

What case states that words such as ‘might’ or ‘may’ indicate uncertainty and therefore an invitation to treat?

A

Gibson v Manchester City Council 1979

34
Q

Hyde v Wrench 1840

A

A counteroffer is a rejection of the original offer, so the original offer ends

35
Q

What case states that a counteroffer is a rejection of the original offer, so the original offer ends?

A

Hyde v Wrench 1840

36
Q

Montefiore 1866

A

• When no time is set, the offer must be accepted within a reasonable time
• The nature of the offer will determine what is reasonable

37
Q

• when no time is set, the offer must be accepted within a reasonable time
• The nature of the offer will determine what is reasonable

A

Montefiore 1866

38
Q

What happens to an offer when the offeree dies?

A

• the offer ends.
• No-one can accept it on their behalf, but they can make a new offer as an offeror

39
Q

What happens to an offer when the offeror dies?

A

• acceptance can still take place until the offeree learns of the death

40
Q

Felthouse v Bindley 1863

A

acceptance must be a positive act, it cannot be silence

41
Q

acceptance must be a positive act, it cannot be silence

A

Felthouse v Bindley 1863

42
Q

Entores v Miles Far East 1955

A

acceptance occurs when the offeror is aware of it, with the exception of the postal rule

43
Q

acceptance occurs when the offeror
is aware of it, with the exception of the postal rule

A

Entores v Miles Far East 1955

44
Q

Yates v Pulleyn 1975

A

• if the offer requires a particular manner of acceptance, it must usually be complied with to be a valid acceptance.
• Lord Denning made the distinction between the requirement being mandatory and being directory

45
Q

• if the offer requires a particular manner of acceptance, it must usually be complied with to be a valid acceptance.
• Lord Denning made the distinction between the requirement being mandatory and being directory

A

Yates v Pulleyn 1975

46
Q

What was the distinction made by Lord Denning between a mandatory and directory instruction?

A

Mandatory instruction- has to be followed exactly
Directory instruction- only requires completion within the time frame set

47
Q

Neocleous 2019

A

an auto generated electronic signature is the same as a signature

48
Q

an auto generated electronic signature is the same as a signature

A

Neocleous 2019

49
Q

Wells v Devani 2019

A

in the absence of written terms, the court may imply terms

50
Q

in the absence of written terms, the court may imply terms

A

Wells v Devani 2019

51
Q

Reveille 2016

A

acceptance can be by conduct

52
Q

acceptance can be by conduct

A

Reveille 2016

53
Q

Adams v Lindsell 1818

A

the postal rule is that acceptance takes place at the moment the letter is properly posted

54
Q

the postal rule is that acceptance takes place at the moment the letter is properly posted

A

Adams v Lindsell 1818

55
Q

The postal rule only applies if…

A

• post is the usual or expected means of communication
• the offeree can prove that the letter was posted

56
Q

Brinkibon 1983

A

out-of-hours messages are only effective when the office is re-opened

57
Q

out-of-hours messages are only effective when the office is re-opened

A

Brinkibon 1983

58
Q

Article 11 of the Electronic Commerce Regulations 2002

A

Where a buyer is required to give consent through technological means, the contract is made when the buyer has received from the service provider electronically an acknowledgement of receipt of the acceptance

59
Q

Where a buyer is required to give consent through technological means, the contract is made when the buyer has received from the service provider electronically an acknowledgement of receipt of the acceptance

A

Article 11 of the Electronic Commerce Regulations 2002

60
Q

Balfour v Balfour 1919

A

Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted

61
Q

Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted

A

Balfour v Balfour 1919

62
Q

Merritt v Merritt 1970

A

If a husband and wife are already separated, an agreement between them may be seen as legally binding

63
Q

if a husband and wife are already separated, an agreement between them may be seen as legally binding

A

Merritt v Merritt 1970

64
Q

Jones v Padavatton 1969

A

the court must decide whether there was an arrangement or a contract

65
Q

the court must decide whether there was an arrangement or a contract

A

Jones v Padavatton 1969

66
Q

Simpkins v Pays 1955

A

If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding

67
Q

If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding

A

Simpkins v Pays 1955

68
Q

Parker v Clarke 1960

A

if a party put their financial security at risk for an agreement, it is likely to be legally binding

69
Q

if a party put their financial security at risk for an agreement, it is likely to be legally binding

A

Parker v Clarke 1960

70
Q

What is the presumption about commercial agreements?

A

They are legally binding, but this can be rebutted

71
Q

Jones v Vernons Pools 1938

A

The presumption that commercial contracts are legally binding can be rebutted by a gentleman’s agreement, which is binding in honour only

72
Q

The presumption that commercial contracts are legally binding can be rebutted by a gentleman’s agreement, which is binding in honour only

A

Jones v Vernons Pools 1938

73
Q

Edwards v Skyways

A

burden of proof in a business situation is on person seeking to establish no legal intention

74
Q

burden of proof in a business situation is on person seeking to establish no legal intention

A

Edwards v Skyways

75
Q

Esso petroleum 1976

A

a gift to promote a business can be legally binding

76
Q

a gift to promote a business can be legally binding

A

Esso petroleum 1976

77
Q

McGowan v Radio Buxton

A

a competition prize can be legally binding

78
Q

a competition prize can be legally binding

A

McGowan v Radio Buxton

Contract (15 decks)

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