Offer & Acceptance Flashcards
Tolan v Connacht Gold
the subjective intention of the aprties is irrelevant, intention to offer is determined on an objective basis
Carlill v Carbolic Smoke Ball
medicinal smoke ball advertisement advertisement stated any person who caught influenza was to be paid £100, £1000 in bank as ‘mark of manufacturer’s sincerity’, P caught influenza & sought £100, company claimed ad was ‘mere puff’, court refused, held language created a distinct promise, was a unilateral offer open to the public at large and accepted by P through conduct, the £1000 inferred intention to be bound
Billings v Arnott
involved employer notice to offer half salaries to any employee who joined defence forces, P joined but company refused to pay as other employee already joined, held offer was clear and precise and the notice was ‘unconditional’
Patridge v Crittenden
ad for wild birds at 25s each, not guilty of breach of selling wild birds as invitation to treat not an offer to sell, upheld general rule ads are mere invitations to treat
Carlill v Carbolic Smoke Ball
held that D exhibited intention to be bound by terms, crucial point was depositing money in separate account thus turning ad into a unilateral offer
Leonard v PepsiCo
promotional campaign for prizes in catalogue in exchange for Pepsi points, ad showed fighter jet for 7m points but not in catalogue, extra points @10c each, P gave cheque for 700,000 and claimed plane, held that in the absence of clear intention to be bound ad is merely an invitation to treat, held no reasonable person could have believe ad actually offered plane
Pharmaceutical Society of GB
display of goods constitutes an invitation to treat which consumer offers to purchase by bringing to cashier, display of goods is not offer to sell
Fisher v Bell
shopkeeper displayed knives in shop window, held not to be in breach of legislation as display was mere invitation to treat
Pim Bros
shopkeeper displayed sale of coat on credit w/o credit terms shown, held not be breach of legislation as display of goods is not an offer to sell
Harvey v Facey
P requested lower price for property, D replied with price, P said they would pay, D refused & P sued for SP, no offer for sale but merely an indication of price
Boyers v Duke
quotation invites an offer only that the business may or may not honour
Dooley v Egan
P letter enclosed list of goods for certain prices with quotation for ‘immediate acceptance only’, P argued it was invitation to treat, court held use of words immediate acceptance only changed nature of quote making it an offer capable of acceptance
Carroll v An Post
lottery payslip in Ireland is an offer accepted by adhering to the rules
Barry v Davies
auctioneer put machines up w/o reserve price, refused to sell to highest offer and withdrew from auction and sold through magazine advert, held that holding of auction w/o reserve price amounts to a contractually binding offer to sell property to highest bidder
Warlow v Harrison
auctions advertised w/o reserve create a binding offer to sell to the highest bona fide bidder even if the amount does not meet the real value, auctioneer gave mare to highest bidder whom he knew was the vendor who outbid highest bidder to prevent loss
Spencer v Harding
ad for tenders contained no promise to sell stock to highest bidder therefore no obligation to sell to the highest bidder
Guardian of Navan Union v McLoughlin
held one party cannot accept tender proposal of another w/o communicating to that person it has been accepted, ‘he must by some act, binding on himself communicate his acceptance’
Harvela v Royal Trust of Canada
P indicated highest offer would be accepted in accordance with contract terms, D offered referential bid which p accepted, held to be invalid as the indication made clear the highest offer would be accepted, the terms of the contract referred to a fixed monetary amount
Howberry v Telecom
P made highest bid for cable link but referential bid won, sought mandatory injunctive relief but was refused as the contract terms expressly stated vendors are under no obligation to accept highest bid or any bid at all and thus could accept referential bid
Smart Telecom v RTE
RTE invited parties to submit tenders for sponsorship of weather forecast, contract would be awarded to highest bidder, Glanbia gave highest offer, Smart gave referential bid above highest price given, Glanbia given contract and Smart sought SP, held that an invite to seek tenders is an invitation to treat however where the inviter states the contract will be given to the highest bidder the position at law is different and contractual rights may flow from such invitation
Henthorn v Fraser
contract is formed on the posting of letter of acceptance, a revocation letter is not effective until it is received
Dickenson v Dodds
vendor offered to sell house which offer remained open for set time, before end of time purchaser heard from TP it may be sold to another, P sought to purchase house, held the offer had been successfully revoked as P knew form TP that the offer to him had been revoked, James LJ held no meeting of the minds
Walker v Glass
offer of sale stated acceptance affected by payment of deposit, purchaser indicated willing to accept, vendor revoked, valid revocation as there was no acceptance by way of deposit prior to revocation, intention to accept is irrelevant
Errington v Errington
father told son and daughter-in-law he was after paying for 1/3 of house, if they paid the balance he would convey house to them, held once the couple began paying instalments the offer was irrevocable
