Offer and Acceptance Flashcards
Smith v Hughes (1871)
Regardless of real intentions, conduct himself such a way as a reasonable man would believe means acceptance, he is bound
Edwards v Skyways (1964)
Commercial agreements = presumption to create legal relations
Pharmaceutical society of GB v Boots Cash Chemists (1953)
Goods on sale at a self service or on display in a shop will be an invitation to treat
Fisher v Bell (1967)
Goods on display will be an offer to treat
Merritt v Merritt (1970)
Presumption regarding family agreements can be rebutted
Allied Marine Transport
An offer is a willingness to contract on certain terms, made with the intention to be bound as soon as it is accepted by the person to whom it is addressed
Rose and Frank Co v Crompton Bros (1923)
Presumption regarding intention to enter legal relations for commercial agreements can be rebutted
Scammell v Ousten (1941)
An agreement must have certainty
Partridge v Crittenden (1968)
Advertisements are usually invitations to treat
Carlill v Carbolic Smoke Ball (1893)
Where there is a unilateral contract, there is no need to communicate acceptance beyond the stipulated steps in the contract
Spencer v Harding (1870)
Tender requests are invitations to treat and there is usually no obligation on the party requesting the tender
Blackpool & Flyde Aero Club & Blackpool Borough Council [1990]
A request for tenders may amount to a unilateral contract where there has been a commitment to consider all validly received tenders; in these instances failure to consider a valid tender will amount to a breach
Entores v Miles Far East Corp [1955]
Acceptance must be communicated by the offeree
Powell v Lee [1908]
Acceptance must be communicated - can be authorised agent
Felthouse v Bindley [1862]
Offeror cannot impose that silence means acceptance
Re Selectmove [1995]
Offeror cannot impose that the offeree’s silence means acceptance, except where there is no reason for the offeree not to bind themselves
Adams v Linsdell [1818]
Under the postal rule, acceptance will be deemed communicated upon posting, and it will apply where it was reasonable to use, acceptance was properly posted and the postal rule was not expressly or impliedly excluded
Holwell Securities Ltd v Hughes [1974]
Postal rule will not apply if it has been excluded by either party
Hyde v Wrench [1840]
Acceptance must mach terms of offer, counter offer is an implicit rejection and offeror is no longer bound by initial offer
Stevenson, Jacques and Co v McLean [1880]
A request for more information does not amount to a counter-offer and therefore it is not a rejection of the offer
Routledge v Grant [1828]
An offer can be revoked at any time up to acceptance
Mountford v Scott [1975]
An offer cannot be revoked if consideration is given
Byrne & Co v Van Tienhoven & Co [1880]
Notice of withdrawal must be given and communicated to the offeree to be effective
Dickinson v Dodds [1876]
Revocation can be made through a reliable third party
Errington v Errington and Woods [1952]
An offer cannot be revoked once acceptance of a unilateral contract has begun
The Brimnes [1975]
An exception to the rule that revocation must be communicated where it is reasonable to expect revocation to have been read
Brogden v Metropolitan Railway [1877]
Last shot wins - Battle of the forms
Butler Machine Tool v Ex-Cell-O [1979]
An exchange of incompatible terms
