Offer and acceptance Flashcards
Case that states goods on a shelf are an ITT
PSGB v boots
Guthing v lynn key facts
Vague terms cant form an offer
Case that says adverts are ITT
Partridge v crittenden
Carlill v CSBC
Advert can amount to an offer, offer can be made to the whole world
5 ways an offer can be ended with cases
Acceptance
Revocation- Dickson v dodds
Rejection- Hyde v wrench
Lapse of time- ramsgate v montefiore
Death
What is acceptance and what are the 3 things that an acceptance must be
Acceptance= agreement of terms, must be Positive, unconditional, communicated
Felthouse v bindley facts
Acceptance cant be by silence
Electronic forms of communication
Acceptance occurs when would be reasoable time to access acceptance (brinkibon v stahag)
Case that states you can specify the manner of acceptance
Yates v pulleyn
2 exceptions for acceptance
Postal rule and unilateral offers
3 conditions of the postal rule
When Post is the expected method
Acceptance address/stamped properly
Offeree provides Proof of postage
Adam’s v lindsell
For the postal rule, acceptance takes place when posted
Case and facts for unilateral offers as the exception for acceptance
Errington v Errington- cant revoke offer where offeree has taken steps in reliance of offer
Definition of an offer
Statement of terms, where persons prepared to enter into contract
Definition of invitation to treat
Indication of willingness to enter contractural obligations without contractural terms
