Offer and acceptance

Question 1

Definition of an offer

Answer 1

Clear and firm indication of the terms that a party is willing to agree to

Question 2

Gibson V MCC

Answer 2

Wording must be clear and firm to be an offer

Question 3

Fisher v Bell and PSGB v Boots

Answer 3

Shop displays are invitations to treat not offers

Question 4

Partridge v Crittenden

Answer 4

Written adverts in newspapers are invitations to treat

Question 5

Carlil v Carbolic smoke ball co

Answer 5

If the terms are clear enough an advertisement can be an offer

Question 6

Harvey v Facey

Answer 6

Replying to a request for information is not enough to be an offer

Question 7

What is a bilateral contract

Answer 7

A contract where both parties to the agreement have obligations to do something

Question 8

What is a unilateral contact

Answer 8

A contract where only one party has an obligation to do something

Question 9

Acceptance

Answer 9

If offeree agrees to terms the offer turns into an agreement

Question 10

Rejection/ refusal

Answer 10

If rejected the offer ends

Question 11

Death of the offeror

Answer 11

If offeror knows of the death the offer dies with them, if unaware the offer can still be accepted unless a personal service is involved

Question 12

Counter offer

Answer 12

If offeree wants to accept the offer but change a term it’s a counter offer, counter offer ends original offer and creates a new one. Original offer can no longer be accepted

Question 13

Lapse of time

Answer 13

An offer can be open until a particular time, if not accepted within the window the offer will lapse. If no time frame set offer ends after reasonable time frame

Question 14

Ramsgate hotel v Montefiore

Answer 14

Offers will lapse after l:
A specified period of time
After a reasonable period of time

Question 15

Withdrawal/ revocation

Answer 15

Offers can be revoked by the offeror as long as they have not been accepted

Question 16

Routledge v Grant

Answer 16

Offers can be revoked if:
The revocation is communicated
And
There has not already been and acceptance

Question 17

Dickenson v Dodds

Answer 17

Offers can be revoked through a reliable 3rd party provided it is communicated and occurs before acceptance

Question 18

Definition of acceptance

Answer 18

A clear acceptance of all the terms of a clear offer

Question 19

Yates v Pulleyn

Answer 19

Offeror can specify the acceptance should be made in a specific way but if only suggested other methods can still work. If no method specified any reasonable method works

Question 20

Felthouse v Bindley

Answer 20

Acceptance must be communicated to the offeror. Usually silence or inactivity is not acceptance

Question 21

Adams v Lindsell

Answer 21

Posing a letter of acceptance is effective when the letter is posted (placed in letter box). Doesn’t need to be received

Question 22

Exception to silence rule and why

Answer 22

Carlil v Carbolic smokeball co
Her conduct of using the product was accepting the offer

Question 23

Postal rule only applies if
(Adams v Lindsell)

Answer 23

Post is usual or accepted form of communication
Letter is correctly addressed and stamped
Offeree can prove the letter was posted

Question 24

Byrne v Tienhoven

Answer 24

Revocation letters must be received by the offeree to be effective

Question 25

Entores v Miles Far East Corp

Answer 25

Instant messages must actually be received to be effective acceptance

Question 26

Brinkibon

Answer 26

Messages left between office hours (9am - 6pm) are effective when received even if they aren’t read or listened to

Question 27

Article 11 of the E-Commerce Regulations 2002

Answer 27

Acceptance is effective when dispatch email is received by offeror. Ie are able to access it