Offer and acceptance Flashcards
Definition of a contract
legally binding agreement between two or more parties
four essential elements, offer, which must be accepted, both parties provide consideration, intention to create legal relations
Offer definition with case
terms by which the offer or is
prepared to be bound
certain and communicated
(gibson v MCC)
Offer side rules
Counter offer - reject and create new (hyde v wrench)
Revocation- revoke before acceptance (dickinson v dodds)
Rejection - (stevenson v mcclean)
Lapse of time - time limit or runs out (Ramsgate Victoria Hotel)
Death - Accepted untill offeree knows about death
Definition of ITT
ITT not offer
Simply invited other person to make an offer which can then be accepted or rejected
Types of ITT
- Adverts - ( Partridge v crittenden )
But will be an offer if sent to specific group of people or is a unilateral contract - Items on display - ( Fisher V bell )
- Auctions
Req for info and reply definition
Req for info and reply is not offer
(harvey v facey)
Acceptance definition
agreement to all the terms of an offer
valid as soon as communicated
any form but silence (felthouse v bindley)
involve positive conduct (carlill v carbolic smoke ball)
Postal rule
Letter of acceptance takes effect straight away (adams v lindsell)
only if
-post usual method of communication
- stamped and addressed
- C can prove letter was posted
Side rule avoid postal rule
making it a term that acceptance will only take effect when it is communicated to them
Only applies to acceptance of offer
Electronic and other forms of communication
Acceptance by fax email texts take place when recived not when sent
(entores v miles far east)
Businesses- start of working day
four essential elements
offer, which must be accepted, both parties provide consideration, intention to create legal relations
