Offer and Acceptance

Question 0

Thornton v Shoe Lane Parking

Answer 0

Vending machines are not ITT - the terms on ticket come after the offer has been accepted as the acceptee cannot refuse them - therefore unincorporated

Question 1

Fisher v Bell

Answer 1

Distinction between an offer and an ITT

Question 2

Chapelton

Answer 2

This was actually an offer - even though enough stages for an ITT - the reason being that otherwise the C could sit there for an hour without paying

Question 3

Carlill

Answer 3

Unilateral - performance of a specific action, offer is usually money - contrasted with bilateral contracts, the two parties agree to be bound; not agreement here

Question 4

Harvey v Facey

Answer 4

NB the difference with land - not so readily traded - communication RE the price would seem to be an offer (why else communicate it) but this was not construed as such

Question 5

Gibson v Manc CC

Answer 5

Lord Denning was criticised - this was an ITT (unlike Denning’s broad, contextual construction at CA) - this shows the friction between the narrow and broad constructions - it was an ITT because of ‘may be prepared to’

Question 6

Payne v Cave

Answer 6

Auction - similar to ITT - the placing of the bid is the offer and the fall of the hammer is the acceptance

Question 7

Warlow v Harrison

Answer 7

An auctioneer who refused to sell a horse which was at auction ‘without reserve’ meant that the auctioneer could be sued

Question 8

Spencer v Harding

Answer 8

Tender - a circular could not be construed as an offer, it was a mere proclamation of their willingness to sell

Question 9

Blackpool and Fylde Aeroclub

Answer 9

Tender - this was unilateral because the council had failed to take into account C’s tender like they had promised to do - the council were therefore liable for breach

Question 10

Hyde v Wrench

Answer 10

Counter-offer - offered to pay 950 instead of 1000 - this would seem to be effectively the same price prima facie, but all the D had to do was write back to accept, which he didn’t

Question 11

Stevenson v McLean

Answer 11

NOT Counter-Offer - this was merely a request for more information - be careful to distinguish between these and Hyde v Wrench

Question 12

BRS v Arthur Crutchley

Answer 12

Battle of the forms - here the delivery note was an offer, which the stamp of alternative terms was a counter-offer and the delivery driver accepted by conduct

Question 13

Routledge v Grant

Answer 13

The C has a right to withdraw just as the D has a right to withdraw - providing this has been done before acceptance there is no contract - even with a duration e.g. 6 weeks

Question 14

Mountford v Scott

Answer 14

Option - if consideration has been given to keep an offer open, even if it is nominal, then the offeror cannot withdraw the offer during this time

Question 15

Byrne & Co

Answer 15

The offeree had accepted before it was withdrawn - postal rule

Question 16

Shuey v US

Answer 16

RE Unilateral withdrawal - the offeror must sufficiently publicise the withdrawal of the offer even if C himself does not hear of it

Question 17

Ramsgate Victoria Hotel

Answer 17

Lapse of an offer - too long

Question 18

Williams v Cawardine

Answer 18

Knowledge of the offer is deduced from the circumstances and the motivation for accepting is irrelevant

Question 19

Tinn v Hoffman

Answer 19

Cross offers cannot form a contract; there needs to be acceptance of one

Question 20

R v Clarke

Answer 20

Here, if the C does not know of the true nature of the offer e.g. to evade criminal charges and get money (he knew only of former) then he can gain what he knew of

Question 21

Luxor v Cooper

Answer 21

Failure to accept a unilateral offer - they had to find someone to BUY the property, which they didn’t because the Ds found someone elsewhere - no acceptance

Question 22

Errington v Errington

Answer 22

Acceptance of a unilateral offer - once performance has begun, the offer cannot be withdrawn, even if it has not been fully completed

Question 23

Brogden v Metropolitan Railway

Answer 23

Acceptance by conduct: receiving a counter-offer and placing in a drawer was considered to be acceptance

Question 24

British Steel Corp. v Cleveland Bridge & Engineering Co.

Answer 24

No contract had come into being as no agreement had been reached, however, the Cs succeeded on a quantum merit claim

Question 25

Felthouse v Bindley

Answer 25

Silence is not acceptance

Question 26

Re Selectmove

Answer 26

Here, silence was acceptance - where an offeree himself indicates that an offer is to be deemed as accepted ‘if you hear not further’ then it is an exceptional circumstance where silence is acceptance

Question 27

Eliason v Henshaw

Answer 27

No valid contract as transmission of acceptance had taken longer than what had been stated as sufficient in the offer

Question 28

The Brimnes

Answer 28

An acceptance communicated in office hours, but not seen, was the D’s own fault and there had therefore been acceptance

Question 29

Adams v Lindsell

Answer 29

Postal rule - acceptance takes effect when posted

Question 30

Household Fire Insurance Co

Answer 30

Even if the offeror never receives the acceptance it is nonetheless a binding contract

Question 31

Holwell Securities

Answer 31

Exception to the postal rule - where acceptance being communicated (here for an option) is so fundamental that when the letter didn’t arrive it didn’t constitute acceptance

Question 32

LJ Korbetis

Answer 32

Misdirected communication is not acceptance