Offer & Acceptance Flashcards
Definition of an Offer.
In order to amount to an offer it must be shown that the offeror had the intention to be bound.
Which case displays an offer?
Harvey v Facey.
Invitation to treat definition.
An invitation to treat is merely an invitation to make an offer.
Which case displays an invitation to treat?
Gibson v Manchester City Council
Carlill v Carbolic Smoke Ball
Fisher v Bell
Advertisements are usually an invitation to treat?
True.
Which case displays advertisements as an invitation to treat?
Partridge v Crittenden.
Goods on display in a shop window are offers?
False. Goods in a window or on a shelf in a shop are merely invitations to treat.
Which case displays goods on display are an invitation to treat?
Fisher v Bell.
Machines can make an offer, when does acceptance of the offer take place? What case?
When money is inserted into the machine. Thornton v Shoe Lane Parking.
An offer can only be made an individual?
False. Anyone can make an offer.
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?
Taylor v Laird.
Timing of an offer is important as shown in which case?
Stevenson v McLean.
An offer can be terminated if one of what four circumstances occur?
Death (of the offeror/offeree)
Lapse of time
Revocation of an offer
Rejection / counter offers
Communication of the revocation of an offer does not have to be done by offeror as shown in the case of?
Dickinson v Dodds.
An offer may be revoked before the time of acceptance shown in the case of?
Routledge v Grant.
Rejection of an offer does what to it?
Terminates the offer.
The case showing a counter offer is?
Hyde v Wrench.
A counter offer can often be mistaken with a request for information. A request for information keeps the original offer open. Case example?
Stevenson v McLean.
Acceptance is…?
The final expression to the terms of an offer.
What is formed from valid acceptance?
A binding contract.
The offeror must receive acceptance before it is effective shown in what case?
Entorres.
In Yates v Pullyn the offeror asked for what?
A specific method of acceptance.
Felthouse v Bindley demonstrated that what is not a valid form of acceptance?
Silence.
Adams v Lindsell introduced what?
The postal rule.
Messages of acceptance are effective 24/7?
False. Only in office hours.
