Offer And Acceptance Flashcards
Offer
Offers are clear and firm indication of the terms that a party is willing to agree to
Acceptance
Clear acceptance of these terms
Gibson v mcc
An example of an offer
Invitations to treat
Fisher v Bell- displaying in a shop window
Psgb v boots- displaying in a shop shelf
Partridge v crittenden - written advertisement
Carlill v carbolic smoke ball co
An advertisement can be a offer when the terms are very clear
Havey v facey
You can request information without it being an offer
Unilateral contract
Bilateral contracts
Only one party has a obligation
Both party’s have obligations to do something
Hyde v wrench
An example of a counter offer
Ramsgate Hotel v montefiore
Offers can lapse over a certain period of time
Disckson v dodds
Offers can be revoked via a reliable 3rd party
Yates v pulleyn
If an offer specifies a method of acceptance, the offeror must use that method
Felthouse v blindly
Acceptance must be communicated
Adam v Lindsell
Posting a letter of acceptance is effective when the letter is posted, it does not have to be received
Byrne v tier hover
Revocation of an offer must be communicated to the offeree for postage
Entores v miles far east coop
Instant messages must be received to be effective acceptance