offer and acceptance Flashcards
intro: what is a contract
a legally binding agreement between two or more parties. Can be unilateral or Bilateral and must contain offer, acceptance, consideration and ITCLR
what is an offer
an offer is the terms by which you are prepared to be bound
GIBSON v MCC
the offer must be clear and fully communicated
Counter-offer
HYDE v WRENCH- rejects and ends original offer, creates a new offer, must be fully communicated
Revocation
DICKINSON v DODDS- offer can be withdrawn at any time before it is accepted, must be communicated even by a third party
Rejection
STEVENSON v MCCLEAN- must be a clear rejection and must be communicated
Lapse of time
RAMSGATE VICTORIA HOTEL- if the offer has a time limit and that runs out or offer will end after a reasonable time
Death
of the offeror but can still be accepted until offeree knows of death
what is an invitation to treat
not an offer, invites someone to make an offer which ca then be accepted or rejected
ADVERTS
PARTRIDGE v CRITTENDEN- only an offer if made for a specific group of people, for a unilateral contract, wording makes it clear it intends to be an offer
ITEMS ON DISPLAY
FISHER v BELL- items on display are an ITT and not an offer
AUCTIONS
BCA v WRIGHT- auctioneer makes and ITT and bidders make offers
request for information
HARVEY v FACEY- a request for info and a reply to that request is not an offer
what is acceptance
agreement to all the terms of an offer and is valid as soon as it is communicated
FELTHOUSE v BINDLEY in acceptance
acceptance can take place in any form except silence
