Offer & Acceptance cases

Question 1

Invitations to treat (general)

Answer 1

Gibson v MCC
(invitation to make an offer)

Question 2

Invitations to treat (shop windows)

Answer 2

Fisher v Bell

Question 3

Invitations to treat (shop shelves)

Answer 3

PSGB v Boots

Question 4

Invitations to treat (adverts)

Answer 4

Partridge v Crittenden

Question 5

If advert is clear enough it can be an offer

Answer 5

Carlill v Carbolic Smoke Ball Co

Question 6

Requests for information and their answers are not offers

Answer 6

Harvey v Facey

Question 7

Counter offer

Answer 7

Hyde v Wrench

Question 8

Lapse of time

Answer 8

Ramsgate Hotel v Montefiore

Question 9

Withdrawal/revocation

Answer 9

Routledge v Grant

Question 10

Withdrawal/revocation through a 3rd reliable person

Answer 10

Dickenson v Dodds

Question 11

Offeror can specify the acceptance should be made in a particular way

Answer 11

Yates v Pulleyn

Question 12

Silence or inactivity is not acceptance

Answer 12

Felthouse v Bindley

Question 13

Performing conduct is acceptance (using the product was acceptance)

Answer 13

Carlill

Question 14

Accepting by post - effective when letter is posted

Answer 14

Adams v Lindsell

Question 15

Revocation must be communicated before acceptance is made (posted)

Answer 15

Byrne v Van Tienhoven

Question 16

Offeror specifies they must receive the letter of acceptance for it to be effective

Answer 16

Holwell v Hughes

Question 17

Accepting through instantaneous forms (eg emails) - must be received to be effective acceptance

Answer 17

Entores v Miles Far East Corp

Question 18

Messages left during office hours are effective when received (even if not read/listened to)

Answer 18

Brinkibon

Question 19

Buying online - buyer makes offer and acceptance is usually an email saying has been dispatched

Answer 19

Article 11 of E-Commerce Regulations 2002