Offer And Acceptance Flashcards
Pharmaceutical Society v Boots
Contract formed when goods are presented at payment not when taken off shelf
Partridge V Crittenden
Advertisement of bramblefinch chickens at 25s each was an invitation to treat not an offer
Harvela 1985
Invatations to tender can amount to offer if that is intention, but generally an invitation to treat
Payne v Cayne
Auctioneers request for bids is an invitation to treat
Harris v Nickerson
POL: Bid can be withdrawn anytime prior to hammer falling
Case: withdrawal of furniture from an auction that was in a catalogue, was an ITT, cant sue for breach
Barry v Heathcote Ball
Auctioneer without a reserve, bids 2 lots of 200 for machinery worth 14000 each, auctioneer withdraw and sold privately. Claimant awarded damages for collateral contract
Fisher V Bell
Display of goods: Flick knife in shop window, invitation to treat
Harvey V Facey
Lowest acceptable price Facey stated was 900
Stating minimum price willing to sell is not an offer
Carlill v Carbolic Smoke Ball Co
Conduct is held as acceptance
Smoke ball advertised with promise if you get the flu they would pay £100, Carlill got the flu and promise was held
Taylor v Laird
Offer must be communicated
Taylor gave up captaincy to work as crew , claim for wages failed as no communication with owner
Inland Revenue v Fry
Offeree must have knowledge
£10,000 cheque sent to clear £13,000 debt. Inland revenue call for extra £3000, knowledge of when cheque was cashed, so no acceptance
Guthing v Lynn
Terms of offer must be certain
Promise to pay £5 more if ‘the horse is lucky’ was to vague to enforce.
Offer must have clarity
Routledge v Grant
Can withdraw at any point before acceptance
Grant offered house sale with understanding offer would last 6 weeks, Routledge removed offer before 6 weeks
Byrne v Tan Tienhoven
Offerer must communicate withdrawal.
VT withdraws offer after B acceptance
Dickinson v Dodds
Communication of withdrawal can be from third party.
Berry and acquaintance on whom they both could rely withdrew offer
Errington v Errington & woods
Unilateral offer cannot he withdrawn while the offeree id performing.
Father promises house to son if mortgage is paid. Father died and son keeps house with mortgage
Ramsgate Victoria Hotel V Montefiore
Termination of offer by acceptance withdrawal or time lapse
M offered shares in June, issued in November, held it had time lapsed
Acceptance must be unconditional
Hyde v wrench & Stevenson v McLean
Hyde v Wrench
Counter offer rejects original offer
Stevenson v McLean
Requesting info is not a counter offer
Felthouse v Bindley
Acceptance must be communicated.
Yates v Pulleyn
Option to purchase land had to be in writing sent by registered or recorded post-sent by ordinary posy it was invalid
Postal rule
Acceptance by post has been requested, acceptance is complete immediately when posted.
Adam v Lindsell - delay
Household fire insurance v grant - acceptance posted never received
Holwell securities v hughes
No contract till received acceptance
Expressly excluded
Brinkbon v Stahag Stahl
Only effective when office open
Elelctronic Commerce Regulations 2002
Contract concluded by purchaser accepting,
Revocation
Offer can be revoked any time until acceptance - Routledge v Grant
Does not have to be done personally- dickinson v dodds
Unilateral contracts - errington v errington
Lapse
Offer will lapse after reasonable time
Ramsgate victoria hotel - 5 months
