Offer & Acceptance Flashcards
Define an offer
Expression by words or conduct of a willingness to be bound by specific terms as soon as there is acceptance
Carlill v Carbolic Smoke Ball co
Showed intention to be bound by depositing £1000
What is a request for information
Asking for details, has no legal consequences
What is the main case for request for information?
Harvey v Facey (1893)
.Will you sell for…
.Lowest price £900
Blue v Ashley
A jokingly offers B £15 mil if share prices reached a certain price
Fails based on lack of contractual intent
What is an invite to treat?
Opening to negotiations/willingness to recieve offers, cannot be accepted
What are displays on shop windows considered to be?
Invitations to treat
What are the three responses to an offer?
Rejection
Counter offer
Acceptance
What are the two types of acceptance?
Instantaneous and non-instantaneous
Death of an offer- which case does the law come from and what does it say?
Dickenson v Dodds, offer can be withdrawn anytime before it’s accepted
A promise to keep an offer open is not legally enforcable
What is consensus ad idem?
Meeting of the minds, parties must be agreeing to the same thing.
Which case can be used for consensus ad idem?
Smith v Hughes (oats)
What test do we apply for consensus ad idem?
Objective test: ie would r person…
