Offer and acceptance Flashcards
What is an offer?
is a statement of the term upon which a person is prepared to be bound by a contract
it is made by the offeror to the offeree and must me communicate ~ Taylor v Laird
What are the types of offer ?
Bilateral offer (Taylor v Laird)
Unilateral offer (Carlill v Carbolic Smoke Ball)
Offer to tender (Blackpool Aero Club v Blackpool BC)
offer to treat with is not an offer therefore can not be accepted
What is an offer to treat?
it is not an offer so can’t be accepted—> indication that a person is willing to negotiate and encourage a bilateral offer from another:
advertisement ~ Partridge v Crittenden
Goods on display ~ Fisher v Bell, Pharmaceutical Society of GB v Boots
an auction with a reserve ~ British car auctions v Wright
giving information in response to a request ~ Harvey v Facey
What must the offer be according to Taylor v Laird?
Be communicated to the offeree (ie the offeree knows about it)
What does the case of Routledge v Grant set out?
for an offer to remain open until a particular time/ date the offeree must give consideration to the offeror such as a deposit
How does an offer usually end?
rejection or an acceptance
What are the other ways an offer can end?
Counter offer ~ Hyde v Wrench
Revocation ~ Byrne v Van Teinhoven- this must be communicated before acceptance, either by the offeror or a 3rd party ~ Dickinson v Dodds
Lapse of time ~ Ramsgate victoria hotel v Montefiore
Death ~ Bradbury v Morgan
What does the case of Errington v Errington and woods set out?
with unilateral offered if conduct indicates acceptance the offer cannot be revoked of the expected conduct continues
What else can count as revocation?
if party is aware goods have been sold
What must the acceptance do?
Must mirror the offer ie reflect exactly without modification
What does the case of Felthouse v Brindley set out?
must be unconditional and communicated to the offer by positive conduct
What does the case of Manchester DC v Commercial and General, Yates v Pulleyn state?
where acceptance is required to make a certain way it will generally be sufficient if it is made any other way as long as it does not disadvantage the offeror
what does the case of Reveille v Anotech state?
acceptance can also be communicated through conduct
What does the postal rule state about acceptance under Byrne v Van Tienhoven?
acceptance is communicated at the time of posting not when the offeror receives it
What does the case of Getreid v Contimar state?
it does not need to arrive but the postal rule will not apply if the offeree makes a mistake
What’s is the rule for electronic methods under the case of Brinkibon v Stahag Stahl?
acceptance take place when the offeror receives it, although the law is unclear and the exact time of acceptance depends on sound business practice and what is the reasonable expectation of the party
What does the case of Gibbons v Proctor state?
offer can be accepted even if claimant is unaware offer existed
What is a bilateral offer?
offer that requires both parties to do something ie offering money for goods
What is a unilateral offer?
offer that requires just the offeror to do something ie offering a reward for a lost cat
What is an offer to tender?
will be classed as a unilateral offer if the lowest/best price/bid is to be accepted/all tenders are to be considered
other examples of a unilateral offer are auctions without reserves
