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Contract Law > Offer & Acceptance > Flashcards

Offer & Acceptance Flashcards

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1
Q

Advert is invitation to treat, not offer

A

Partirdge v Crittenden

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2
Q

Display/advert nay be an offer

A

Chapelton v Barry UDC

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3
Q

Advert can be offer of unilateral contract

A

Carlill v Carbolic Smoke Ball

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4
Q

Rules of offer an acceptable applied with caution to land

A

Harvey v Facey and Gibson v Manchester CC

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5
Q

Auction advert is unilateral offer, highest bid is acceptance

A

Warlow v Harrison, confirmed by Barry v Davies

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6
Q

For policy reasons, no contract if advertised goods are withdrawn from auction

A

Harris v Nickerson

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7
Q

Invitation to tender, without statement that highest bid will be accepted, not an offer.

A

Spencer v Harding

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8
Q

If statement that highest bid will be accepted, invitation to tender will be unilateral offer, and fixed price bid highest offer. Referential bid invalid

A

Harvela Investments v Royal Trust of Canada

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9
Q

Invitation to submit tender an offer of unilateral contract, duty to consider all tenders submitted before the deadline

A

Blackpool and Fylde Aeroclub v Blackpool BC

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10
Q

Original offer is terminated by counter offer

A

Hyde v Wrench

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11
Q

Request for more details not a counter offer

A

Stevenson, Jaques and Co v McLean

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12
Q

Last shot in battle of the forms wins

A

Brogen v Metropolitan Railway, BRS v Arthur Crutchley

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13
Q

Last shot can defeat common intention for whose terms govern

A

Tekdata Interconnections v Amphenol

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14
Q

Offer can be withdrawn as long as it is not accepted

A

Routledge v Grant

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15
Q

Offer cannot be withdrawn if offeree has offer has been converted into an option

A

Mountford v Scott

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16
Q

Withdrawal of offer must be communicated

A

Byrne and Co v Van Tienhoven

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17
Q

Offer can be withdrawn, even if communicated by third party

A

Dickinson v Dodds

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18
Q

Withdrawal of unilateral offer does not require everyone to be made aware of withdrawal

A

Shuey v United States

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19
Q

Offer may lapse because of time

A

Ramsgate Victoria Hotel v Montefiore

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20
Q

Acceptor must know what offer is for acceptance

A

Williams v Carwardine, but can be acceptance if intial ignorance per Gibbons v Proctor

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21
Q

Identical cross offers are not acceptance

A

Tinn v Hoffman

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22
Q

Strict rule: Acceptance of unilateral contract only when condition is fully performed

A

Luxor v Cooper

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23
Q

Part performance can amount to acceptance of unilateral contract

A

Errington v Errington

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24
Q

Implied obligation of offeror not to prevent condition from being satisfied, once offeree has embarked on performance, too late for unilateral offer to be revoked

A

Daulia v Four Milbank Nominees, per Goff LJ

25
Q

Acceptance of unilateral contract by conduct

A

Carlill v Carbolic Smokeball Co

26
Q

Placing order on terms of counter offer is acceptance by conduct

A

Brogden v Metropolitan Railway Co

27
Q

Acting on letter suggesting that contract will be agreed not acceptance by conduct

A

British Steel Co v Cleveland Bridge and Engineering Co

28
Q

Silence does not amount to acceptance

A

The Leonidas D

29
Q

Silence can be acceptance in some circumstances (silence to repudiation)

A

Vitol SA v Norelf

30
Q

Silence may be acceptance if offeree suggests that, if he does not indicate to the contrary, he has accepted

A

Re Selectmove

31
Q

Silence can be acceptance if acceptance is unnecessary (creation of bonus pool by bank)

A

Dresdner Kleinworth v Attrill

32
Q

If offeror states method of acceptance, will be bound by that condition

A

Manchester Diocesan Council for Education v Commercial and General Investments

33
Q

If normal method of acceptance achieves it in way that is equal to or better than specified mode, it is valid

A

Elliason v Henshaw

34
Q

Postal Rule

A

Dunlop v Higgins

35
Q

Posted letter takes effect even if not received

A

Household Fire Insurance Co v Grant

36
Q

Postal acceptance takes effect if posted before withdrawal received

A

Henthorn v Fraser

37
Q

Acceptance by “notice in writing” means it must be communicated to offeror, not just posted

A

Holwell Securities v Hughes

38
Q

Postal rule does not apply when its “application would produce manifest inconvenience or absurdity”

A

Lauton LJ, Holwell Securities v Hughes

39
Q

Postal rule does not apply if acceptance is misdirected

A

LJ Korbetis v Transgrain Shipping BV

40
Q

Offeree must receive revocation by post

A

Byrne and Co v Van Tienhoven

41
Q

For non-postal communication, acceptance when it is received

A

Entores v Miles Far East Corporation - (telex sent from Holland to London)

42
Q

Communication received within office hours counts as acceptance

A

The Brimnes

43
Q

Lord Denning’s examples of acceptance

A

Entores v Miles Far East Corporation

44
Q

If it is the fault of the offeror that acceptance is not received, the communication may still be valid.

A

Brinkibon v Stahag Stahl

45
Q

Email not subject to postal rule

A

Greenclose v National Westminster Bank

46
Q

Incomplete agreement, or failure to fulfill a condition, means contract is not binding until completed

A

Winn v Bull

47
Q

Presumption that deferred agreements postpone binding legal relations until conclusion of contract

A

Chillingworth v Esche

48
Q

A “provisional” agreement can be binding

A

Branca v Cabarro

49
Q

Presumption of incompleteness can be rebutted by exceptional facts

A

Alpenstow v Regalian Properties

50
Q

Pre-emptive agreements are not binding (uncertain)

A

Watford v Miles

51
Q

Vague agreements not binding

A

Scammell and Nephew v Outson

52
Q

Courts strive to cure vagueness and uncertainty (i.e. Price)

A

Foley v Classique Coaches

53
Q

Limit to how far courts will cure vagueness, example of price

A

May and Butcher v the King

54
Q

Meaningless expressions can be cut from contract

A

Nicolene v Simmonds

55
Q

Presumption in social or domestic agreements against intention to create legal relations

A

Balfour v Balfour

56
Q

Dissenting dicta that spouses can have intention to create legal relations

A

Pettit v Pettit, per Lord Diplock

57
Q

Husband and wife not living in amity can result in legal relations

A

Merritt v Merritt

58
Q

Presumption in commercial agreement of intention to create legal relations

A

Edmonds v Lawson

59
Q

Express stipulation to contrary can defeat presumption of creation of legal relations in commercial agreement

A

Rose and Frank Co v Crompton and Brothers

Contract Law (6 decks)

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