OFFER AND ACCEPTANCE

Question 1

what are the 4 steps to forming a contact?

Answer 1

• offeror makes an offer to the office
• offeree accepts the offer
• consideration
• intention to create legal relations

Question 2

what is the definition of an offer?

Answer 2

an offer is a firm indication of the terms upon which a party is willing to agree

Question 3

what is the difference between an offer and an invitation to treat?

Answer 3

an offer is clear and firm in its wording

Question 4

what is the case for distinguishing between an offer and invitation?

Answer 4

Gibson v Manchester City Council

Question 5

what is the case for displays in a shop window?

Answer 5

fisher v bell

Question 6

what is the case for displays on shop shelves?

Answer 6

PSGB v boots

Question 7

what is the case for written advertisements?

Answer 7

partridge v crittenden

Question 8

what is the case for showing that a written advertisement can be an offer if its clear and firm?

Answer 8

Carlill v carbolic smoke ball co

Question 9

what is the case for a request for information?

Answer 9

harvey v facey

Question 10

what is the difference between bilateral and unilateral contracts?

Answer 10

bilateral is where 2 parties have obligations to do something

Question 11

what are the 6 ways to end an offer?

Answer 11

• acceptance
• rejection/refusal
• death of offeror
• counter offer
• lapse of time
• revocation/withdrawal

Question 12

what is the case for counter offers?

Answer 12

hyde v wrench

Question 13

what is the case for lapse of time?

Answer 13

ramsgate hotel v montefiore

Question 14

what is the case for revocation?

Answer 14

routledge v grant

Question 15

what is the case for revocation via a third party?

Answer 15

dickenson v dodds

Question 16

when can revocation happen?

Answer 16

• when communicated
• when acceptance hasn’t happened

Question 17

what is acceptance?

Answer 17

acceptance is a clear acceptance of all the terms of a clear offer. must be communicated

Question 18

what does yates v pulleyn say about methods of acceptance?

Answer 18

if an offeror specifies a method of acceptance, then it must be used

Question 19

what is the case for silence not being valid acceptance?

Answer 19

felthouse v bindley

Question 20

what is the case for acceptance being made via conduct?

Answer 20

carlill v carbolic smoke ball co

Question 21

what is the case for the postal rule?

Answer 21

adams v lindsell

Question 22

what is the postal rule?

Answer 22

posting a letter of acceptance is valid when the letter is posted

Question 23

what does byrne v van teinhoven say about the postal rule?

Answer 23

that it only applies to acceptance, but not revocation

Question 24

what is the case for acceptance in writing?

Answer 24

holwell v hughes

Question 25

what does entores v miles far east corp say?

Answer 25

instant messages must be received to be effective

Question 26

what does brinkibon say?

Answer 26

messages sent between 9am-6pm are effective when received, and when sent outside of office hours are effective when next in office

Question 27

what does article 11 of the e-commerce regulations 2002 say?

Answer 27

acceptance is effective when dispatch email is received