Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Contract > Offer + acceptance > Flashcards

Offer + acceptance Flashcards

(78 cards)

Start Studying
1
Q

Offer

A

A clear and communicated willingness to contract on definite terms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Invitation to treat

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Gibson v Manchester City Council 1979

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Partridge v Crittenden 1968

A

Generally, an advertisement is an invitation to treat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Harvey v Facey 1893

A

A reply to a request for information is not an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Thornton 1971

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Taylor v Laird 1856

A

An offer only comes into existence when it is communicated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What ways can an offer end?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Routledge v Grant 1828

A

The revocation must be communicated before it can take effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Dickinson v Dodds 1876

A

Communication through a reliable source is sufficient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

Dickinson v Dodds 1876

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

Routledge v Grant 1828

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

Stevenson v McLean 1880

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

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

A

Taylor v Laird 1856

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What case states that an offer can be made by an individual, a company, an organisation, a notice or a machine?
Thornton 1971
26
What case states that a reply to a request for information is not an offer?
Harvey v Facey 1893
27
What case states that a request for information can’t be accepted?
Harvey v Facey 1893
28
What case states that lots at an auction are an invitation to treat, and the bidder makes the offer that the auctioneer accepts?
British Car Auctions v Wright 1972
29
What case states that the offer is made by the customer at the till, which the cashier can either accept or reject?
Pharmaceutical Society of Great Britain v Boots 1953
30
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?
Fisher v Bell 1961
31
What case states that an ad can be an offer in exceptional circumstances?
Carlill v Carbolic Smoke Ball Co. 1893
32
What case states that advertisements are generally an invitation to treat?
Partridge v Crittenden 1968
33
What case states that words such as ‘might’ or ‘may’ indicate uncertainty and therefore an invitation to treat?
Gibson v Manchester City Council 1979
34
Hyde v Wrench 1840
A counteroffer is a rejection of the original offer, so the original offer ends
35
What case states that a counteroffer is a rejection of the original offer, so the original offer ends?
Hyde v Wrench 1840
36
Montefiore 1866
• 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
• when no time is set, the offer must be accepted within a reasonable time • The nature of the offer will determine what is reasonable
Montefiore 1866
38
What happens to an offer when the offeree dies?
• the offer ends. • No-one can accept it on their behalf, but they can make a new offer as an offeror
39
What happens to an offer when the offeror dies?
• acceptance can still take place until the offeree learns of the death
40
Felthouse v Bindley 1863
acceptance must be a positive act, it cannot be silence
41
acceptance must be a positive act, it cannot be silence
Felthouse v Bindley 1863
42
Entores v Miles Far East 1955
acceptance occurs when the offeror is aware of it, with the exception of the postal rule
43
acceptance occurs when the offeror is aware of it, with the exception of the postal rule
Entores v Miles Far East 1955
44
Yates v Pulleyn 1975
• 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
• 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
Yates v Pulleyn 1975
46
What was the distinction made by Lord Denning between a mandatory and directory instruction?
Mandatory instruction- has to be followed exactly Directory instruction- only requires completion within the time frame set
47
Neocleous 2019
an auto generated electronic signature is the same as a signature
48
an auto generated electronic signature is the same as a signature
Neocleous 2019
49
Wells v Devani 2019
in the absence of written terms, the court may imply terms
50
in the absence of written terms, the court may imply terms
Wells v Devani 2019
51
Reveille 2016
acceptance can be by conduct
52
acceptance can be by conduct
Reveille 2016
53
Adams v Lindsell 1818
the postal rule is that acceptance takes place at the moment the letter is properly posted
54
the postal rule is that acceptance takes place at the moment the letter is properly posted
Adams v Lindsell 1818
55
The postal rule only applies if…
• post is the usual or expected means of communication • the offeree can prove that the letter was posted
56
Brinkibon 1983
out-of-hours messages are only effective when the office is re-opened
57
out-of-hours messages are only effective when the office is re-opened
Brinkibon 1983
58
Article 11 of the Electronic Commerce Regulations 2002
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
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
Article 11 of the Electronic Commerce Regulations 2002
60
Balfour v Balfour 1919
Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted
61
Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted
Balfour v Balfour 1919
62
Merritt v Merritt 1970
If a husband and wife are already separated, an agreement between them may be seen as legally binding
63
if a husband and wife are already separated, an agreement between them may be seen as legally binding
Merritt v Merritt 1970
64
Jones v Padavatton 1969
the court must decide whether there was an arrangement or a contract
65
the court must decide whether there was an arrangement or a contract
Jones v Padavatton 1969
66
Simpkins v Pays 1955
If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding
67
If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding
Simpkins v Pays 1955
68
Parker v Clarke 1960
if a party put their financial security at risk for an agreement, it is likely to be legally binding
69
if a party put their financial security at risk for an agreement, it is likely to be legally binding
Parker v Clarke 1960
70
What is the presumption about commercial agreements?
They are legally binding, but this can be rebutted
71
Jones v Vernons Pools 1938
The presumption that commercial contracts are legally binding can be rebutted by a gentleman’s agreement, which is binding in honour only
72
The presumption that commercial contracts are legally binding can be rebutted by a gentleman’s agreement, which is binding in honour only
Jones v Vernons Pools 1938
73
Edwards v Skyways
burden of proof in a business situation is on person seeking to establish no legal intention
74
burden of proof in a business situation is on person seeking to establish no legal intention
Edwards v Skyways
75
Esso petroleum 1976
a gift to promote a business can be legally binding
76
a gift to promote a business can be legally binding
Esso petroleum 1976
77
McGowan v Radio Buxton
a competition prize can be legally binding
78
a competition prize can be legally binding
McGowan v Radio Buxton

Contract (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions