Offer and Acceptance (1) Quiz Flashcards
A newspaper advert is generally an invitation to treat according to which case
Partridge v Crittenden
Which case relates to the postal rule?
Adam v Lindsell
Which case relates to a newspaper amounting to an offer to the world?
Carbolic Smokeball & Co
Which case relates to Goods on display in shops are an invitation to treat
Fisher V Bell
Which case relates to an offer requires intention to be bound
Harvey v Facey
Which case relates to an offer may be withdrawn any time before acceptance SO LONG A DEPOSIT HAS NOT BEEN PAID
Dickinson V Dodd
Which case relates to a counter offer destroying the original offer
Hyde V Wrench
Which case relates to acceptance must be communicated to the offeror
Entorres V miles
Which case states that you can not have silence as acceptance
Felthouse V Bindley
Which of the following statements are correct in relation to Carlill v Carbolic Smoke Ball co.?
(a) Mrs Carlill did not have to communicate her intention to accept the offer
(b) The newspaper advert was an invitation to treat
(c) A valid bilateral contract existed
(d) The advert was a sales puff
(e) The newspaper advert was an offer
(f) Mrs Carlill was successful in her claim
(g) Mrs Carlill accepted the offer by fulfilling the conditions in the advert
(h) Mrs Carlill lost because she did not catch flu
(a) Mrs Carlill did not have to communicate her intention to accept the offer
(e) The newspaper advert was an offer
(f) Mrs Carlill was successful in her claim
(g) Mrs Carlill accepted the offer by fulfilling the conditions in the advert
When does a contract become legally binding?
As soon as an offer has been accepted
In Thornton v Shoe Lane parking…
(a) The machine was an offer which was accepted by putting money in
(b) The machine was an invitation to treat
(c) The machine dispensing the ticket was acceptance
(d) Putting the money into the machine was an offer
The machine was an offer which was accepted by putting money in
Which of the following is not true in relation to unilateral contracts
(a) The offeror may withdraw the offer at anytime before acceptance takes place
(b) The offeree need not communicate their intention to accept the offer
(c) Only one party makes a promise
(d) Acceptance requires full performance of the contract
(a) The offeror may withdraw the offer at anytime before acceptance takes place
A counter offer destroys the original offer according to which case?
Hyde v Wrench
In Harvey v Facey the reply specifying the lowest cash price for Bumper Hall Pen was…
(a) Not an offer because it lacked intention to form a binding contract
(b) An offer because it was sufficiently certain
(a) Not an offer because it lacked intention to form a binding contract
Which of the following is not correct in relation to withdrawing an offer
(a) An offeror is free to withdraw at any time before acceptance takes place
(b) An offeror can not withdraw an offer where a deposit has been paid
(c) The offeror may withdraw the offer within a reasonable time after acceptance
(d) The postal rule does not apply to letters of revocation
(c) The offeror may withdraw the offer within a reasonable time after acceptance
Which of the following statements are correct? (You can select more than one)
(a) An offeree is not allowed to withdraw their offer
(b) An invitation to treat will lead to a binding contract when accepted
(c) A newspaper advert is not capable of being an offer
(d) An offer requires an intention to be bound
(e) A counter offer destroys the original offer
(f) Goods on display are generally an invitation to treat
(g) An offer will lapse after a reasonable time period
(h) An offer may be withdrawn after acceptance has taken place
(d) An offer requires an intention to be bound
(e) A counter offer destroys the original offer
(f) Goods on display are generally an invitation to treat
(g) An offer will lapse after a reasonable time period
FACT
Invitation to treat
an invitation to treat can not be accepted it is merely an invitation for offers
FACT
Offer
In order to amount to an offer it must be shown that the offeror had the intention to be bound:
FACT
Goods on display in shops
Goods on display in shops are generally not offers but an invitation to treat. The customer makes an offer to purchase the goods. The trader will decide whether to accept the offer:
FACT
Advertisements
Advertisements are also generally invitations to treat:
FACT
Contracts by Tender
The request for tenders represents an invitation to treat and each tender submitted amounts to an offer unless the request specifies that it will accept the lowest or highest tender or specifies any other condition. If the request contains such a condition this will amount to an offer of a unilateral contract where acceptance takes place on performance of the condition:
FACT
Auctions
Where an auction takes place with reserve, each bid is an offer which is then accepted by the auctioneer. Where the auction takes place without reserve, the auctioneer makes a unilateral offer which is accepted by the placing of the highest bid
FACT
Machines
The machine represents the offer, the acceptance is inserting the money:
