offer and acceptance Flashcards
making an offer Carlill v carbolic smoke ball co. 1892.
was a medicinal herb. said that they would given anyone that used the ball and caught flu or cold after 100 pounds they had given 1000 to the bank to show their commitment to the cause.
carhilil caught cold they said she could not get the money as it was just an advertising gimmick.
wording was clear that there was an offer.
meaning that she is entitled to the money.
objectivity assessment monon v university college Salford.
applied to 6 unis 5 said no one said yes the university college Salford. he sold house and moved to Manchester. arrived after receiving letter stating that he was accepted they tell him that it was a mistake and was an office error was not meant to receive an offer.
the court held that there was an offer made and that he accepted it.
reasonable person test hypothetical carry’s pc world.
on the computer it was advertised as 4.99 added to the cart and it would not checkout got an email that said not able to sell it. not reasonable to think that a tv would be sold at this price.
what is an offer.
words or conduct entering into a legally binding contract in which its would suggest that it become binding as soon as it has been accepted where there does not need to be more negotiation.
difference between offer and invitation to treat.
there is no further need to negotiate in a offer. invitation to treat requires a lot more negotiation.
Harvey v face.
made a statement for the lowest price that he would sell at not an offer said would take 900 pounds but refused to sell the court said that there was no contract did not say that they would sell it just at the price that they would sell it.
lefkowitz v great Minneapolis surplus store.
said that they would sell three coats the the first people that turned up at the shop with a dollar. he turned up the owner of the shop said he would only sell to a woman court said that there was an offer there was no further requirement for negotiation they had to pay the man damages.
automated machines
there needs to be a contract offer owner of machine says all you need to do is pay and and put number of item in there is no further requirement for negotiations.
define acceptance of an offer.
final and unqualified expression of assent to the terms of the offer. has been communicated to the offeror.
normally where payment is received.
buller machine tool co ltd v ex cell o corporation.
there was a price clause that said they could change the price in accordance with cost of building it. increased by 2893 pounds.
ex cell o had already sent their own terms and condition without a price clause and a slip to rip off when ripped off it said that they accepted their terms and conditions. they returned it signed saying the machine would be delivered.
what is considered final and unqualified assent.
1- can be accepted by words of conduct .
2- who can accept the offer.
3- offeree must intend to accept.
4-the manner of acceptance.
5-to what extent acceptance correspond with the offer. mirror image rule.
final and unqualified assent.
2- who can accept the error
can only the the person that the offer was made too.
eg Reynolds v Atherton sent letter before the war stating what they would sell the shares for. letter placed in draws found after the war by new company directors and governors saying that they would accept was not intended for them so there was no offer.
final and unqualified assent
words or conduct.
1- form of words or conduct does not need to be made with words can be accepted by conduct. as Long as there is a clear offer.
final and unqualified assent
must intend to accept.
the person has to know about the offer in order to accept. eg Clarke was accused of murder wasn’t him he gave info that lead to an actual conviction police put reward posters around for info he tried to claim but could not have known as he was under arrest he only found about money after.
final and unqualified assent
manor of acceptance.
eg saying please confirm in writing. etc are able to state how you want to offeree to accept depends how strict the wording is.
mandatory if the language is strong.
final and unqualified assent
to what extend does acceptance correspond with the offer.
as soon as there is a counter offer made then the original offer has to come off the table. destroys the original offer.
Hyde v wrench. Sale of land turned at the owner’s house and said ill give you 1000 pounds the other said 950 as the price this is a counteroffer came after negotiations.; plaintiff gave offer of his own.
