Offer + Acceptance Flashcards
Invitation to treat
Not considered an offer (Fisher v Bell)
Harvey v Facey
Asking about information is never an offer.
Asking about information is never an offer.
Harvey v Facey
Compontents of an offer
Offer must be communicated.
Offers can be made to multiple people.
Terms of an offer must be certain.
Offer can be withdrawn at any time before acceptance.
Withdrawal must be communicated.
Offer must be communicated
Taylor v Laird
Offers can be made to multiple people.
Carlill v The Carbolic Smoke Ball Co.
Carlill v The Carbolic Smoke Ball CO.
Offers can be made to multiple people.
Terms of an offer must be certain
Gibson v Manchester City Council
Gibson v Manchester City Council
Terms of an offer must be certain
Routledge v Grant
Offer can be withdrawn at any time before acceptance.
Byrne & Co. V Leon Van Tienhoven
Withdrawal must be communicated.
Taylor v Laird
Offer must be communicated
Offer can be withdrawn at any time before acceptance.
Routledge v Grant
Withdrawal must be communicated.
Byrne & Co. V Leon Van Tienhoven
How can an offer be terminated?
Acceptance from another party.
- Revocation/Withdrawal (Routledge v Grant)
- Lapse of time
- Rejection
- Counter offer (Hyde v Wrench)
Can counter offers terminate offers?
Yes (Hyde v Wrench)
Can lack of funding terminate an offer?
No, but the offer may be rejected or revoked.
Can an offer automatically terminate given enough time?
Yes.
Can accepting an offer terminate it?
A limited offer may be terminated if accepted by another.
How can an offer be accepted?
By conduct, by post, or by electronic forms.
Acceptance by conduct
Fewlthouse v Bindley
Acceptance by post
Adams v Lindsell
Acceptance by electronic and instantaneous forms
Entores v Miles Far East Corp
Fewlthouse v Bindley
Acceptance by conduct
Adams v Lindsell
Acceptance by post
Entores v Miles Far East Corp
Acceptance by electronic and instantaneous forms
What are the rules to follow when accepting by post?
Only works if post is usual/expected means of communication.
Must be correctly addressed/stamped.
Offeree must prove letter was posted.
Acceptance takes place moment letter is posted.
To accept by post, what must you make sure of?
Correctly address and stamp the letter, and ensure proof of post.
Can acceptance by post fail with proper addressing, stamping and with sufficient evidence?
Yes, if it is not the expected means of communication.
Does acceptance need to be received by the offeror when mailed through post?
No, the offer is legally accepted the instant the letter is posted, not when it is received.
Does the other party need to see the acceptance if submitted through electronic forms?
Yes, through electronic forms the offeror must receive confirmation of the acceptance before it is valid.
