Offer And Acceptance

Question 1

Governed by

Answer 1

Common law

Question 2

An invitation to treat: an advertisement is an invitation to treat

Answer 2

Partridge v crittenden

Question 3

An invitation to treat: goods in a shop window

Answer 3

Fisher v bell

Question 4

An invitation to treat: goods on a shelf

Answer 4

Boots

Question 5

An invitation to treat: bids at an auction

Answer 5

Wright

Question 6

An invitation to treat: a request for information about a good or service is not an offer

Answer 6

Harvey v facey

Question 7

Offer: unilateral offer places an obligation only on the offeror to fulfil the terms of the agreement

Answer 7

Carlil

Question 8

Offer: bilateral offer places responsibility on both the offeror and offeree to fulfill the terms of the agreement

Answer 8

Gibson

Question 9

Offer rules: an offer must be communicated to the offeree

Answer 9

Taylor v laird

Question 10

Offer rules: offeree must have knowledge of the offer for it to be lawful and enforceable

Answer 10

Fry

Question 11

Offer rules: the offer can be communicated to one person, but also to the whole world

Answer 11

Carlil

Question 12

Offer rules: the offer must be certain, otherwise they are unforceable

Answer 12

Guthing v lynn

Question 13

Offer rules: if an offer is to remain open for a certain amount of time, it is only legally enforceable, if the offeree has provided consideration for it

Answer 13

Dickinson v Dodds

Question 14

Offer rules / revocation: an offer can be withdrawn at anytime but must be before acceptance

Answer 14

Routledge v grant

Question 15

Offer rules / revocation: the withdrawal of an offer must be communicated to the offeree

Answer 15

Byrne v Van Tienhoven

Question 16

Offer rules / revocation: communication of the withdrawal of an offer can be by a reliable third party

Answer 16

Dickinson v Dodds

Question 17

Offer rules / revocation: a unilateral offer cannot be withdrawn while the offeree is performing the requirement of it

Answer 17

Errington v Errington and Woods

Question 18

Termination of an offer: counter offer- a counter offer ends the original offer

Answer 18

Hyde v wrench

Question 19

Termination of an offer: lapse of time- an offer comes to an end after a reasonable amount of time

Answer 19

Ramsgate Victoria hotel v Montefiore

Question 20

Termination of an offer: death- an offer ends or the offeror dies before it is accepted

Answer 20

Bradbury v Morgan

Question 21

Acceptance: an offer cannot be accepted through silence

Answer 21

Felthouse v bindley

Question 22

Acceptance: can be through a positive conduct

Answer 22

Reveille independent LLC v Anotech International Ltd

Question 23

Acceptance: A unilateral offer is accepted once the offeree starts to perform the terms of the offer

Answer 23

Carlil

Question 24

Acceptance: POSTAL RUES- acceptance through the post is effective as soon as it is posted, as long as it is the usual/accepted means of communicating it, the letter is addressed and stamped correctly and the offeree can prove the letter was posed

Answer 24

Adams v Lindsell

Question 25

Acceptance: POSTAL RUES- if the offeror specifies a certain method for acceptance, it must be compelled with

Answer 25

Yates

Question 26

Acceptance: an electronic form of acceptance is effective when the offeror is aware of the acceptance

Answer 26

Entores v Miles Far East

Question 27

Acceptance: if an electronic form of acceptance is sent out of office hours, it becomes effective when the office reopens

Answer 27

Brinkibon Ltd v stahl

Question 28

Acceptance for a rewards: a person who provides information or returns an item without knowledge of a reward being linked to it cannot claim the reward

Answer 28

Fitch v snedaker

Question 29

Acceptance for a rewards: if the claimant started the process of returning the item to another without knowledge of a rewards, but became aware of it before the information or item was returned to the offeror they can claim the reward

Answer 29

Gibbons v proctor