Offer and acceptance Flashcards
What is the ‘Mirror Image’ rule?
It states that a contract is formed when an offer is exactly mirrored by an acceptance, addressing the contract’s formation aspects.
How is an offer defined?
As a clear intention by the offeror to be bound by proposed terms upon acceptance, determined through an objective test.
What does the objective test entail?
It assesses how a reasonable person would interpret the parties’ intentions, focusing on conduct rather than subjective state of mind.
How are offers distinguished from invitations to treat?
By evaluating whether there’s an explicit intention to be bound upon acceptance, with notable case distinctions and exceptions.
What legal complexities do tenders introduce?
They involve specific obligations for the inviter, especially in ensuring fairness and clarity in the tender process.
Which case demonstrates the objective test for offer interpretation?
Smith v Hughes (1871), emphasizing the importance of the parties’ reasonable belief over their subjective intentions.
What cases differentiate between an offer and an invitation to treat?
What case illustrates an exception to the rule such as when an advertisement can be considered as an offer?(1893?)
Gibson v Manchester City Council [1979], Spencer v Harding (1869-70), and Pharmaceutical Society of Great Britain v Boots Chemists Ltd [1953] clarify this distinction, with Carlill v Carbolic Smoke Ball Co [1893] as a notable exception.
Which cases are pivotal in understanding tenders in contract law?
Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd [1986], and Blackpool and Fylde Aero Club Ltd v Blackpool BC [1990] highlight tender complexities.
What does acceptance entail in contract law?
An unequivocal agreement to the terms of the offer, finalising the contract. (Chen-Wishart)
Which case illustrates the effect of counter-offers on acceptance?
Hyde v Wrench (1840), demonstrating that a counter-offer negates the original offer.
How is a request for information distinguished from a counter-offer?
(What case exemplifies this?)
Stevenson, Jacques & Co v McLean (1879-80), showing that requests for information do not nullify the offer.
What cases highlight the principles of communication of acceptance?
Brinkibon v Stahag Stahl [1983] and Adams v Lindsell (1818), emphasising the need for acceptance to be communicated.
What case law outlines the conditions and methods for revocation of an offer?
Dickinson v Dodds (1875-76) and The Brimnes, detailing how offers can be revoked before acceptance. (An offer can be revoked by the offeror at any time before acceptance).
