Offer And Acceptance

Question 1

Contract

Answer 1

A legally binding agreement between two or more parties.

Question 2

Offer

Answer 2

. A proposal made by one party (offeror) to another (offeree) to enter into a contract.

Question 3

Acceptance

Answer 3

An agreement to the terms of the offer, making the contract valid

Question 4

Offeror

Answer 4

The person or party who makes the offer.

Question 5

Offeree

Answer 5

The person or party to whom the offer is made.

Question 6

Bilateral Offer

Answer 6

An offer involving promises exchanged between two parties.

Question 7

Unilateral Offer

Answer 7

An offer that can be accepted by performing a specific act.

Question 8

Mirror Image Rule

Answer 8

Acceptance must match the terms of the offer exactly.

Question 9

Counteroffer

Answer 9

A response to an offer that changes its terms, which terminates the original offer.

Question 10

Invitation to Treat

Answer 10

An indication that someone is willing to negotiate but not yet make a legal offer.

Question 11

Termination of Offer

Answer 11

The end of an offer, which can happen for several reasons.

Question 12

Revocation

Answer 12

The withdrawal of an offer by the offeror before acceptance.

Question 13

Gibson v Manchester City Council

Answer 13

Case stating that offers must be clear and definite

Question 14

Hyde v Wrench

Answer 14

Case where a counteroffer terminated the original offer.

Question 15

Carlill v Carbolic Smoke Ball Co

Answer 15

Case illustrating a unilateral offer accepted by performance.

Question 16

Thornton v Shoe Lane Parking

Answer 16

Case where a ticket machine was deemed the offer or

Question 17

R v Clarke

Answer 17

Case where the offeree couldn’t accept because he was unaware of the offer.

Question 18

Dickinson v Dodds

Answer 18

Case about revocation communicated by a third party.

Question 19

Routledge v Grant

Answer 19

Case demonstrating that offers can be revoked before acceptan

Question 20

Errington v Errington & Woods

Answer 20

Case showing that performance begins an implied obligation not to revoke

Question 21

Felthouse v Bindley

Answer 21

Case establishing that silence cannot be acceptance.

Question 22

Harvey v Facey

Answer 22

Case illustrating that a request for information is not an offer

Question 23

Ramsgate Victoria Hotel v Montefiore

Answer 23

Case about the reasonable time for acceptance.

Question 24

What are the 5 ways an offer can end?

Answer 24

R, R3, D, TL, R or C

Question 25

Felthouse V bindley

Answer 25

Acceptance can’t be silent

Question 26

Prescribed acceptance

Answer 26

When acceptance is asked for in a specific format e.g by post, email, text

Question 27

Yates V pullyen

Answer 27

Shows that other methods of acceptance can be accepted aslong as it doesn’t disadvantage the offeror

Question 28

Neocleous V Rees

Answer 28

Autogenerated signatures are seen as valid

Question 29

Neocleous V Rees

Answer 29

Autogenerated signatures are seen as valid

Question 30

Wells V devani

Answer 30

Courts can imply missing terms in contracts if the parties’ intentions and industry norms make the agreement clear

Question 31

Wells V devani

Answer 31

Courts can imply missing terms in contracts if the parties’ intentions and industry norms make the agreement clear

Question 32

Stevenson V Maclean

Answer 32

The burden of communication is with the offeree

Question 33

Ways acceptance can take place normally?

Answer 33

Oral or written communication or performance un unilateral offers

Question 34

3 way acceptance can take place we take a closer look at?

Answer 34

1) by conduct 2) by post 3) by electrons communication

Question 35

Brogden v metropolitan rail Co

Answer 35

Case where acceptance was done through conduct

Question 36

Reveille V anotech

Answer 36

. Case where acceptance was done through conduct

Question 37

What is the 3 rules of the postal rule

Answer 37

• The letter must be properly addressed and
stamped.

•	The offeree must be able to prove it was posted.
•  post is the usual method of communication

Question 38

When does acceptance occur when it comes to post?

Answer 38

When the letter is posted not when is received

Question 39

Adam’s V lidsell

Answer 39

Acceptance occurs when the letter is posted

Question 40

Hentron v Fraser

Answer 40

Using post as acceptance is valid if reasonable under the circumstances

Question 41

For electronic communication when does acceptance take place

Answer 41

When the message has been received rather than sent

Question 42

Thomas V bpe solicitors

Answer 42

Confrimed acceptance is sent outside business hours it will happen once business hours resume