Offer & Acceptance

Question 1

INVITATION TO TREAT IS NOT AN OFFER

Answer 1

Fisher v Bell
Billings v Arnotts
Leonard v Pepsico
Pharmaceutical Society v Boots

Question 2

INQUIRY FOR FURTHER INFO DOES NOT CONSTITUTE COUNTER-OFFER OR REJECTION

Answer 2

Stevenson v. McLean

Question 3

STATEMENT OF MINIMUM SELLING PRICE IS NOT AN OFFER (BUT A MERE ITT)

Answer 3

Harvey v. Facey

Question 4

AUCTIONS ARE GOVERNED BY WHAT STATUTE? WHICH SECTION?

Answer 4

Sale of Goods Act 1893
Section 58 (2) provides: a sale by auction is completed when the auctioneer announces its completion

Question 5

WHERE AUCTIONEER ANNOUNCES PLACE AND TIME AN AUCTION IS SUPPOSED TO TAKE PLACE IT DOES NOT AMOUNT TO AN OFFER

Answer 5

Harris v. Nickerson

Question 6

AUCTION CASE LAW (TWO CASES)

Answer 6

Harris v Nickerson
British Car Auctions v Wright

Question 7

UNILATERAL CONTRACTS (CASE LAW)

Answer 7

Carlill v Carbolic Smoke Ball
Billings v Arnotts

Question 8

TENDERS ARE ITT. WHEN A SUPPLIED PUTS IN A BID IN RESPONSE, THIS CONSTITUTES AN OFFER CAPABLE OF ACCEPTANCE. CITE CASE LAW.

Answer 8

Smart Telecom v RTE

Question 9

ACCEPTANCE MUST UNCONDITIONAL

Answer 9

Hyde v Wrench
Swan v Miller

Question 10

ACCEPTANCE MUST BE CLEARLY COMMUNICATED

Answer 10

Felthouse v Bindley

Question 11

OBJECTIVE TEST OF INTENTION

Answer 11

Smith v Hughes

Question 12

WITHOUT RESERVE AUCTION

Answer 12

Barry v Davies

Question 13

POSTAL RULE

Answer 13

Adams v Lindsell

Question 14

ACCEPTANCE MAY BE INFERRED FROM CONDUCT

Answer 14

Brogden v. Metropolitan Railway

Question 15

INSTANTANEOUS MEANS OF COMMUNICATION (POSTAL RULE DOES NOT APPLY)

Answer 15

Entores v. Miles Far East
(It was stated that the postal rule did not apply for instantaneous communications)

Question 16

METHOD OF ACCEPTANCE DESCRIBED BY THE OFFERER

Answer 16

Tinn v. Hoffman

Question 17

OFFER MUST BE COMMUNICATED

Answer 17

Taylor v. Laird