Offer And Acceptance

Question 1

Pharmaceutical Society v Boots

Answer 1

Contract formed when goods are presented at payment not when taken off shelf

Question 2

Partridge V Crittenden

Answer 2

Advertisement of bramblefinch chickens at 25s each was an invitation to treat not an offer

Question 3

Harvela 1985

Answer 3

Invatations to tender can amount to offer if that is intention, but generally an invitation to treat

Question 4

Payne v Cayne

Answer 4

Auctioneers request for bids is an invitation to treat

Question 5

Harris v Nickerson

Answer 5

POL: Bid can be withdrawn anytime prior to hammer falling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

Question 6

Barry v Heathcote Ball

Answer 6

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

Question 7

Fisher V Bell

Answer 7

Display of goods: Flick knife in shop window, invitation to treat

Question 8

Harvey V Facey

Answer 8

Lowest acceptable price Facey stated was 900
Stating minimum price willing to sell is not an offer

Question 9

Carlill v Carbolic Smoke Ball Co

Answer 9

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

Question 10

Taylor v Laird

Answer 10

Offer must be communicated
Taylor gave up captaincy to work as crew , claim for wages failed as no communication with owner

Question 11

Inland Revenue v Fry

Answer 11

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

Question 12

Guthing v Lynn

Answer 12

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

Question 13

Routledge v Grant

Answer 13

Can withdraw at any point before acceptance
Grant offered house sale with understanding offer would last 6 weeks, Routledge removed offer before 6 weeks

Question 14

Byrne v Tan Tienhoven

Answer 14

Offerer must communicate withdrawal.
VT withdraws offer after B acceptance

Question 15

Dickinson v Dodds

Answer 15

Communication of withdrawal can be from third party.
Berry and acquaintance on whom they both could rely withdrew offer

Question 16

Errington v Errington & woods

Answer 16

Unilateral offer cannot he withdrawn while the offeree id performing.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

Question 17

Ramsgate Victoria Hotel V Montefiore

Answer 17

Termination of offer by acceptance withdrawal or time lapse
M offered shares in June, issued in November, held it had time lapsed

Question 18

Acceptance must be unconditional

Answer 18

Hyde v wrench & Stevenson v McLean

Question 19

Hyde v Wrench

Answer 19

Counter offer rejects original offer

Question 20

Stevenson v McLean

Answer 20

Requesting info is not a counter offer

Question 21

Felthouse v Bindley

Answer 21

Acceptance must be communicated.

Question 22

Yates v Pulleyn

Answer 22

Option to purchase land had to be in writing sent by registered or recorded post-sent by ordinary posy it was invalid

Question 23

Postal rule

Answer 23

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

Question 24

Holwell securities v hughes

Answer 24

No contract till received acceptance
Expressly excluded

Question 25

Brinkbon v Stahag Stahl

Answer 25

Only effective when office open

Question 26

Elelctronic Commerce Regulations 2002

Answer 26

Contract concluded by purchaser accepting,

Question 27

Revocation

Answer 27

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

Question 28

Lapse

Answer 28

Offer will lapse after reasonable time
Ramsgate victoria hotel - 5 months