Offer and Acceptance Flashcards
What case established precise wording?
Gibson v Manchester City Council (1979) - An offer must have definite terms, therefore ‘may be prepared to sell’ is vague, so theres no contract.
What are two cases in relation to an advertisement?
Partridge v Crittenden - Advertisement is an offer to treat
Carlil v Anabolic Smoke Ball Co. - Promises in an advertisement leads to a unilateral contract - Ad promise the smoke ball would ward off illnesses, however it didnt.
What are two cases in relation to goods in a shop window/shelf?
Fisher v Bell (1961) - Goods in a shop window are an invitation to treat not an offer - Knife in a shop window
Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953) - Goods in a self service shop are an invitation to treat
What case specified when an invitation to treat becomes an acceptance?
British Car Auctions v Wright (1972) - Lot in an auction = invitation to treat. Gavel = acceptance
What case established a request for information and the response is not an offer?
Harvey v Facey (1893)
What case relates to a vending machine or ticket machine?
Thornton v Shoe Lane Parking (1971) - Vending/ ticket machine the person inserting the money is making the offer.
What case specified about acceptance being communicated?
Taylor v Laird (1856) - Offer only comes into existence when it is communicated to the offeree
What case established the importance of timing?
Stevenson v McLean (1880) - Exact timing of an offer and acceptance are critical when a contract comes into existence
What case specified an offer can be revoked at any time?
Routledge v Grant (1828) - An offer can be revoked at any time AS LONG AS it is communicated to the offeree - In this case it was non binding as revocation was communicated
What case highlighted how a revocation can be communicated?
Dickson v Dobinson (1876) - can be communicated via a reliable source, not only through direct communication.
What offer states what happens after fixed time?
Ramsgate Victoria Hotel v Montefiore (1866) - Offer lapses if there is no response after a fixed time
Once an offer is ________ it cannot be __________ . And the case relating to this?
Rejected Accepted
Hyde v Wrench (1840)
How can an offer be accepted?
In any form as long as it is definite and communicated to the Offeror
Case that established silence does not constitute acceptance?
Felthouse v Bindley (1863)
Case that established mandatory methods must be complied with
Yates v Pulleyn (1975)
Two main cases for electronic acceptance
- Neocleous v Rees (2019) - Auto generation by a computer on emails is the same as a signature
- Wells v Divani (2019) - (mostly about implied terms) - Telephone conversations of acceptance can imply terms or termination. This is in order to give it business efficacy where there appears to be an offer and acceptance
When does acceptance take place? (General Rule)
Acceptance takes place when it is communicated to the Offeror
What are the three special methods for accepting a contract?
- By conduct - Reveille Independent LLC v Anotech International Ltd. (2016)
- Postal - Adam v Lindsell (1818)
- Electronic - Entores v Miles Far East (1958), Brinkibon Ltd. v Stahag Stahl (1983). Byrne v Tienhoven (1880)
