Offer And Acceptance Flashcards
Governed by
Common law
An invitation to treat: an advertisement is an invitation to treat
Partridge v crittenden
An invitation to treat: goods in a shop window
Fisher v bell
An invitation to treat: goods on a shelf
Boots
An invitation to treat: bids at an auction
Wright
An invitation to treat: a request for information about a good or service is not an offer
Harvey v facey
Offer: unilateral offer places an obligation only on the offeror to fulfil the terms of the agreement
Carlil
Offer: bilateral offer places responsibility on both the offeror and offeree to fulfill the terms of the agreement
Gibson
Offer rules: an offer must be communicated to the offeree
Taylor v laird
Offer rules: offeree must have knowledge of the offer for it to be lawful and enforceable
Fry
Offer rules: the offer can be communicated to one person, but also to the whole world
Carlil
Offer rules: the offer must be certain, otherwise they are unforceable
Guthing v lynn
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
Dickinson v Dodds
Offer rules / revocation: an offer can be withdrawn at anytime but must be before acceptance
Routledge v grant
Offer rules / revocation: the withdrawal of an offer must be communicated to the offeree
Byrne v Van Tienhoven
Offer rules / revocation: communication of the withdrawal of an offer can be by a reliable third party
Dickinson v Dodds
Offer rules / revocation: a unilateral offer cannot be withdrawn while the offeree is performing the requirement of it
Errington v Errington and Woods
Termination of an offer: counter offer- a counter offer ends the original offer
Hyde v wrench
Termination of an offer: lapse of time- an offer comes to an end after a reasonable amount of time
Ramsgate Victoria hotel v Montefiore
Termination of an offer: death- an offer ends or the offeror dies before it is accepted
Bradbury v Morgan
Acceptance: an offer cannot be accepted through silence
Felthouse v bindley
Acceptance: can be through a positive conduct
Reveille independent LLC v Anotech International Ltd
Acceptance: A unilateral offer is accepted once the offeree starts to perform the terms of the offer
Carlil
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
Adams v Lindsell
Acceptance: POSTAL RUES- if the offeror specifies a certain method for acceptance, it must be compelled with
Yates
Acceptance: an electronic form of acceptance is effective when the offeror is aware of the acceptance
Entores v Miles Far East
Acceptance: if an electronic form of acceptance is sent out of office hours, it becomes effective when the office reopens
Brinkibon Ltd v stahl
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
Fitch v snedaker
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
Gibbons v proctor
