Offer + acceptance Flashcards
Offer
A clear and communicated willingness to contract on definite terms
Invitation to treat
An indication of willingness to negotiate a contract, preparatory to an offer
Gibson v Manchester City Council 1979
Words such as ‘might’ or ‘may’ indicate uncertainty and therefore an invitation to treat
Partridge v Crittenden 1968
Generally, an advertisement is an invitation to treat
Carlill v Carbolic Smoke Ball Co. 1893
An ad can be an offer in exceptional circumstances. This usually happens in a unilateral rather than a bilateral contract
Fisher v Bell 1961
Goods in a shop window are an invitation to treat and there is no obligation to sell them to a potential customer
Pharmaceutical Society of Great Britain v Boots 1953
• 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
British Car Auctions v Wright 1972
Lots at an auction are an invitation to treat. The bidder makes the offer that the auctioneer accepts
Harvey v Facey 1893
A reply to a request for information is not an offer
Thornton 1971
An offer can be made by an individual, a company, an organisation, a notice or a machine
Taylor v Laird 1856
An offer only comes into existence when it is communicated
Stevenson v McLean 1880
• 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
What ways can an offer end?
• Revocation
• Rejection
• Lapse of time
• Death
• Acceptance
Routledge v Grant 1828
The revocation must be communicated before it can take effect
What is a collateral contract?
offeree can make a separate contract with the offeror to keep the offer open or only to sell to them
When can a collateral contract be enforced?
If the offeror refuses to sell within the agreed period or sells the item to someone else
Dickinson v Dodds 1876
Communication through a reliable source is sufficient
Errington v Errington and Woods 1952
In cases where conduct indicates acceptance, the offer cannot be revoked when the expected conduct continues
What case states that where conduct indicates acceptance, the offer cannot be revoked when the expected conduct continues?
Errington v Errington and Woods 1952
What case states that communication through a reliable source is sufficient?
Dickinson v Dodds 1876
What case states that revocation must be communicated before it can take effect?
Routledge v Grant 1828
What case shows that it is difficult to determine the difference between a counter-offer and a request for information?
Stevenson v McLean 1880
What case shows that a request for information does not end the contract?
Stevenson v McLean 1880
What case states that an offer only comes into existence when it is communicated?
Taylor v Laird 1856
What case states that an offer can be made by an individual, a company, an organisation, a notice or a machine?
Thornton 1971
What case states that a reply to a request for information is not an offer?
Harvey v Facey 1893
What case states that a request for information can’t be accepted?
Harvey v Facey 1893
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
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
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
What case states that an ad can be an offer in exceptional circumstances?
Carlill v Carbolic Smoke Ball Co. 1893
What case states that advertisements are generally an invitation to treat?
Partridge v Crittenden 1968
What case states that words such as ‘might’ or ‘may’ indicate uncertainty and therefore an invitation to treat?
Gibson v Manchester City Council 1979
Hyde v Wrench 1840
A counteroffer is a rejection of the original offer, so the original offer ends
What case states that a counteroffer is a rejection of the original offer, so the original offer ends?
Hyde v Wrench 1840
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
• 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
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
What happens to an offer when the offeror dies?
• acceptance can still take place until the offeree learns of the death
Felthouse v Bindley 1863
acceptance must be a positive act, it cannot be silence
acceptance must be a positive act, it cannot be silence
Felthouse v Bindley 1863
Entores v Miles Far East 1955
acceptance occurs when the offeror is aware of it, with the exception of the postal rule
acceptance occurs when the offeror
is aware of it, with the exception of the postal rule
Entores v Miles Far East 1955
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
• 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
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
Neocleous 2019
an auto generated electronic signature is the same as a signature
an auto generated electronic signature is the same as a signature
Neocleous 2019
Wells v Devani 2019
in the absence of written terms, the court may imply terms
in the absence of written terms, the court may imply terms
Wells v Devani 2019
Reveille 2016
acceptance can be by conduct
acceptance can be by conduct
Reveille 2016
Adams v Lindsell 1818
the postal rule is that acceptance takes place at the moment the letter is properly posted
the postal rule is that acceptance takes place at the moment the letter is properly posted
Adams v Lindsell 1818
The postal rule only applies if…
• post is the usual or expected means of communication
• the offeree can prove that the letter was posted
Brinkibon 1983
out-of-hours messages are only effective when the office is re-opened
out-of-hours messages are only effective when the office is re-opened
Brinkibon 1983
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
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
Balfour v Balfour 1919
Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted
Presumption that arrangements made in a social and domestic setting are not legally binding, but this can be rebutted
Balfour v Balfour 1919
Merritt v Merritt 1970
If a husband and wife are already separated, an agreement between them may be seen as legally binding
if a husband and wife are already separated, an agreement between them may be seen as legally binding
Merritt v Merritt 1970
Jones v Padavatton 1969
the court must decide whether there was an arrangement or a contract
the court must decide whether there was an arrangement or a contract
Jones v Padavatton 1969
Simpkins v Pays 1955
If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding
If money has been exchanged, it is more likely to be a business arrangement and therefore legally binding
Simpkins v Pays 1955
Parker v Clarke 1960
if a party put their financial security at risk for an agreement, it is likely to be legally binding
if a party put their financial security at risk for an agreement, it is likely to be legally binding
Parker v Clarke 1960
What is the presumption about commercial agreements?
They are legally binding, but this can be rebutted
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
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
Edwards v Skyways
burden of proof in a business situation is on person seeking to establish no legal intention
burden of proof in a business situation is on person seeking to establish no legal intention
Edwards v Skyways
Esso petroleum 1976
a gift to promote a business can be legally binding
a gift to promote a business can be legally binding
Esso petroleum 1976
McGowan v Radio Buxton
a competition prize can be legally binding
a competition prize can be legally binding
McGowan v Radio Buxton
