Offer and Acceptance

Question 1

Smith v Hughes (1871)

Answer 1

Regardless of real intentions, conduct himself such a way as a reasonable man would believe means acceptance, he is bound

Question 2

Edwards v Skyways (1964)

Answer 2

Commercial agreements = presumption to create legal relations

Question 3

Pharmaceutical society of GB v Boots Cash Chemists (1953)

Answer 3

Goods on sale at a self service or on display in a shop will be an invitation to treat

Question 4

Fisher v Bell (1967)

Answer 4

Goods on display will be an offer to treat

Question 5

Merritt v Merritt (1970)

Answer 5

Presumption regarding family agreements can be rebutted

Question 6

Allied Marine Transport

Answer 6

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

Question 7

Rose and Frank Co v Crompton Bros (1923)

Answer 7

Presumption regarding intention to enter legal relations for commercial agreements can be rebutted

Question 8

Scammell v Ousten (1941)

Answer 8

An agreement must have certainty

Question 9

Partridge v Crittenden (1968)

Answer 9

Advertisements are usually invitations to treat

Question 10

Carlill v Carbolic Smoke Ball (1893)

Answer 10

Where there is a unilateral contract, there is no need to communicate acceptance beyond the stipulated steps in the contract

Question 11

Spencer v Harding (1870)

Answer 11

Tender requests are invitations to treat and there is usually no obligation on the party requesting the tender

Question 12

Blackpool & Flyde Aero Club & Blackpool Borough Council [1990]

Answer 12

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

Question 13

Entores v Miles Far East Corp [1955]

Answer 13

Acceptance must be communicated by the offeree

Question 14

Powell v Lee [1908]

Answer 14

Acceptance must be communicated - can be authorised agent

Question 15

Felthouse v Bindley [1862]

Answer 15

Offeror cannot impose that silence means acceptance

Question 16

Re Selectmove [1995]

Answer 16

Offeror cannot impose that the offeree’s silence means acceptance, except where there is no reason for the offeree not to bind themselves

Question 17

Adams v Linsdell [1818]

Answer 17

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

Question 18

Holwell Securities Ltd v Hughes [1974]

Answer 18

Postal rule will not apply if it has been excluded by either party

Question 19

Hyde v Wrench [1840]

Answer 19

Acceptance must mach terms of offer, counter offer is an implicit rejection and offeror is no longer bound by initial offer

Question 20

Stevenson, Jacques and Co v McLean [1880]

Answer 20

A request for more information does not amount to a counter-offer and therefore it is not a rejection of the offer

Question 21

Routledge v Grant [1828]

Answer 21

An offer can be revoked at any time up to acceptance

Question 22

Mountford v Scott [1975]

Answer 22

An offer cannot be revoked if consideration is given

Question 23

Byrne & Co v Van Tienhoven & Co [1880]

Answer 23

Notice of withdrawal must be given and communicated to the offeree to be effective

Question 24

Dickinson v Dodds [1876]

Answer 24

Revocation can be made through a reliable third party

Question 25

Errington v Errington and Woods [1952]

Answer 25

An offer cannot be revoked once acceptance of a unilateral contract has begun

Question 26

The Brimnes [1975]

Answer 26

An exception to the rule that revocation must be communicated where it is reasonable to expect revocation to have been read

Question 27

Brogden v Metropolitan Railway [1877]

Answer 27

Last shot wins - Battle of the forms

Question 28

Butler Machine Tool v Ex-Cell-O [1979]

Answer 28

An exchange of incompatible terms