Offer & Acceptance Flashcards

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1
Q

Definition of an Offer.

A

In order to amount to an offer it must be shown that the offeror had the intention to be bound.

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2
Q

Which case displays an offer?

A

Harvey v Facey.

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3
Q

Invitation to treat definition.

A

An invitation to treat is merely an invitation to make an offer.

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4
Q

Which case displays an invitation to treat?

A

Gibson v Manchester City Council

Carlill v Carbolic Smoke Ball

Fisher v Bell

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5
Q

Advertisements are usually an invitation to treat?

A

True.

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6
Q

Which case displays advertisements as an invitation to treat?

A

Partridge v Crittenden.

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7
Q

Goods on display in a shop window are offers?

A

False. Goods in a window or on a shelf in a shop are merely invitations to treat.

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8
Q

Which case displays goods on display are an invitation to treat?

A

Fisher v Bell.

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9
Q

Machines can make an offer, when does acceptance of the offer take place? What case?

A

When money is inserted into the machine. Thornton v Shoe Lane Parking.

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10
Q

An offer can only be made an individual?

A

False. Anyone can make an offer.

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11
Q

An offer can only come into existence when it is communicated to the offeree and requires the offeree to be aware of the offer, as seen in which case?

A

Taylor v Laird.

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12
Q

Timing of an offer is important as shown in which case?

A

Stevenson v McLean.

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13
Q

An offer can be terminated if one of what four circumstances occur?

A

Death (of the offeror/offeree)

Lapse of time

Revocation of an offer

Rejection / counter offers

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14
Q

Communication of the revocation of an offer does not have to be done by offeror as shown in the case of?

A

Dickinson v Dodds.

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15
Q

An offer may be revoked before the time of acceptance shown in the case of?

A

Routledge v Grant.

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16
Q

Rejection of an offer does what to it?

A

Terminates the offer.

17
Q

The case showing a counter offer is?

A

Hyde v Wrench.

18
Q

A counter offer can often be mistaken with a request for information. A request for information keeps the original offer open. Case example?

A

Stevenson v McLean.

19
Q

Acceptance is…?

A

The final expression to the terms of an offer.

20
Q

What is formed from valid acceptance?

A

A binding contract.

21
Q

The offeror must receive acceptance before it is effective shown in what case?

A

Entorres.

22
Q

In Yates v Pullyn the offeror asked for what?

A

A specific method of acceptance.

23
Q

Felthouse v Bindley demonstrated that what is not a valid form of acceptance?

A

Silence.

24
Q

Adams v Lindsell introduced what?

A

The postal rule.

25
Q

Messages of acceptance are effective 24/7?

A

False. Only in office hours.