Offer + Acceptance

Question 1

Invitation to treat

Answer 1

Not considered an offer (Fisher v Bell)

Question 2

Harvey v Facey

Answer 2

Asking about information is never an offer.

Question 3

Asking about information is never an offer.

Answer 3

Harvey v Facey

Question 4

Compontents of an offer

Answer 4

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Offer can be withdrawn at any time before acceptance.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.

Question 5

Offer must be communicated

Answer 5

Taylor v Laird

Question 6

Offers can be made to multiple people.

Answer 6

Carlill v The Carbolic Smoke Ball Co.

Question 7

Carlill v The Carbolic Smoke Ball CO.

Answer 7

Offers can be made to multiple people.

Question 8

Terms of an offer must be certain

Answer 8

Gibson v Manchester City Council

Question 9

Gibson v Manchester City Council

Answer 9

Terms of an offer must be certain

Question 10

Routledge v Grant

Answer 10

Offer can be withdrawn at any time before acceptance.

Question 11

Byrne & Co. V Leon Van Tienhoven

Answer 11

Withdrawal must be communicated.

Question 12

Taylor v Laird

Answer 12

Offer must be communicated

Question 13

Offer can be withdrawn at any time before acceptance.

Answer 13

Routledge v Grant

Question 14

Withdrawal must be communicated.

Answer 14

Byrne & Co. V Leon Van Tienhoven

Question 15

How can an offer be terminated?

Answer 15

Acceptance from another party.
- Revocation/Withdrawal (Routledge v Grant)
- Lapse of time
- Rejection
- Counter offer (Hyde v Wrench)

Question 16

Can counter offers terminate offers?

Answer 16

Yes (Hyde v Wrench)

Question 17

Can lack of funding terminate an offer?

Answer 17

No, but the offer may be rejected or revoked.

Question 18

Can an offer automatically terminate given enough time?

Answer 18

Yes.

Question 19

Can accepting an offer terminate it?

Answer 19

A limited offer may be terminated if accepted by another.

Question 20

How can an offer be accepted?

Answer 20

By conduct, by post, or by electronic forms.

Question 21

Acceptance by conduct

Answer 21

Fewlthouse v Bindley

Question 22

Acceptance by post

Answer 22

Adams v Lindsell

Question 23

Acceptance by electronic and instantaneous forms

Answer 23

Entores v Miles Far East Corp

Question 24

Fewlthouse v Bindley

Answer 24

Acceptance by conduct

Question 25

Adams v Lindsell

Answer 25

Acceptance by post

Question 26

Entores v Miles Far East Corp

Answer 26

Acceptance by electronic and instantaneous forms

Question 27

What are the rules to follow when accepting by post?

Answer 27

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.

Question 28

To accept by post, what must you make sure of?

Answer 28

Correctly address and stamp the letter, and ensure proof of post.

Question 29

Can acceptance by post fail with proper addressing, stamping and with sufficient evidence?

Answer 29

Yes, if it is not the expected means of communication.

Question 30

Does acceptance need to be received by the offeror when mailed through post?

Answer 30

No, the offer is legally accepted the instant the letter is posted, not when it is received.

Question 31

Does the other party need to see the acceptance if submitted through electronic forms?

Answer 31

Yes, through electronic forms the offeror must receive confirmation of the acceptance before it is valid.