Offer and Acceptance Flashcards

1
Q

3 elements of a contract

A

Agreement (offer & acceptance)
Intention to create legal relations
Consideration

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2
Q

Presumption that there is an intention to create legal relations in commercial agreements

A

Edwards v Skyways

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3
Q

Presumption that non-commercial agreements were not intended to create legal relations

A

Balfour v Balfour

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4
Q

Definition of ‘offer’ by Treitel

A
an expression of willingness;
to contract; 
on certain terms;
with the intention; 
that it shall become binding; 
as soon as it is accepted
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5
Q

Self-service display in shop is an invitation to treat

A

Pharmaceutical Society of GB v Boots

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6
Q

Goods on display are an invitation to treat

A

Fisher v Bell

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7
Q

Tenders are an invitation to treat, unless unilateral contract
(depends on wording of invitation)

A

Spencer v Harding

Harvela Investments

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8
Q

Advertisments are an invitation to treat; unless
offering reward; or
unilateral contract

A

Patridge v Crittenden;
Williams v Carwarding’
Carlill v Carbolic

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9
Q

Auctions with reserve price

A

Contract between seller and bidder once auctioneer completes sale (fall of hammer)
s.57 Sale of Goods Act 1979

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10
Q

Auctions without reserve price

A

Unilateral contract between auctioneer and bidder that auctioneer will accept highest bid.
Barry v Davies

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11
Q

Definition of Acceptance

A

‘an unqualified assent to the terms of an offer’

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12
Q

Acceptance must be communicated by offeree

A

Entores

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13
Q

Acceptance can be communicated by authorised agent

A

Powell v Lee

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14
Q

Acceptance need not be communicated if there is a unilateral contract

A

Carlill v Carbolic

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15
Q

Silence cannot constitute acceptance; unless

Offer binds themselves to contract by silence

A

Felthouse v Bindley;

Re Selectmove Ltd

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16
Q

Counter offer is implied rejection

A

Hyde v Wrench

17
Q

Questions about an offer are not deemed as rejecting it, may be acceptance

A

Stevenson Jacques

18
Q

Battle of the forms - ‘last shot wins’

A

Brogden v Metropolitan Railway Co;

Butler Machine v Ex-Cell-O

19
Q

Postal Rule Exemptions

A

Adams v Lindsell

20
Q

A letter of acceptance will become binding when posted if:

A
  • reasonable to use post as method of communication
  • properly posted
  • offeror did not exclude postal rule impliedly/expressly (Holwell v Hughes)
21
Q

If conditions for postal rule exemption are satisfied, the letter need not actually arrive to be valid

A

Household Fire and Carriage Accident Insurance v Grant

22
Q

General rule - An offer can be revoked at any time before acceptance

A

Routledge v Grant

23
Q

Exception to revocation rule

Offeree has given consideration to offerer to keep offer open

A

Mountford v Scott

24
Q

Exception to revocation rule

If unilateral contract and act of acceptance has begun

A

Errington v Errington & Woods

25
Revocation must be communicated by offeror
Byrne v Van Tienhoven
26
Revocation can be communicated by reliable third party
Dickinson v Dodds
27
If revocation received but not read, and could be reasonably assumed that staff would be at work, it will be deemed to be communicated
The Brimnes
28
If offer made to public, revocation can be made through same channel as offer, provided it has same prominence
Shuey v United States (US Law)
29
An offer will lapse if:
There is an express condition; or After a reasonable time period. (Will depend on facts)