Offer and Acceptance

Question 1

How can an offer be terminated?(5)

Answer 1

• revocation
• rejection by other party
• lapse of time
• occurence of a stipulated event
• death

Question 2

Which judge criticised the offer and acceptance rule in what case?

Answer 2

Lord Denning in

Gibson v Manchester City Council 1978

Question 3

What did Lord Denning inGibson v Manchester City Council 1978 say in regards to his criticism of the offer and acceptance rule?

Answer 3

he said that ‘you should look at the correspondence as a whole’

Question 4

What did Lord Wilberforce say in regards to the offer and acceptance rule in New Zealand Shipping Co Ltd?

Answer 4

that the ‘technical and schematic doctrine of contract’ often comes ‘at the cost of forcing facts to fit uneasily into the marked slots of offer, acceptance and consideration’

Question 5

Who said that the ‘technical and schematic doctrine of contract’ often comes ‘at the cost of forcing facts to fit uneasily into the marked slots of offer, acceptance and consideration’ and in what cas?

Answer 5

Lord Wilberforce

New Zealand Shipping Co Ltd

Question 6

What case is an example of how not all cases can be analysed into terms of offer and acceptance?

Answer 6

The Santanita

Question 7

What happened in the case of ‘The Santanita’?

Answer 7

both the plaintiff and the defendant entered their Yacht in a regatta, agreeing to be bound by the sailing rules, however in breach of this they sank the plaintiffs yacht
While the parties reached agreement, Treital in The Law of Contract suggests that they did not do so by a process which can be analysed into offer and acceptance

Question 8

Why does there need to be clear rules?

Answer 8

in order for lawyers and their clients to know where they stand and thus a general reluctance to abandon the whole rules in their entirety

Question 9

Which European principle recognises that offer and acceptance is the usual model for the creation of a contract?

Answer 9

the Unidroit Principles of International Commercial Contracts s.2 Article 2

Question 10

What is the consensus academic opinion of when an offer is made at a restaurant?

Answer 10

a menu amounts to an invitation to negotiate, not an offer

Question 11

Why may the classical contract law model not fit with the practise of many commercial parties?

Answer 11

since relationships evolve rather than suddenly springing into existence and does not capture the dynamic nature f the relationship between the parties

Question 12

Why are some commercial contracts rather vague?

Answer 12

in order for contracting parties that anticipate a long term relationship to deal with the future unanticipated problems that may arise

Question 13

What are the offer and acceptance rules linked with?

Answer 13

the will theory of contract

Question 14

When did the will theory develop?

Answer 14

19th century

Question 15

Name 2 influential exponents of the will theory

Answer 15

French jurist Robert Pothier and

the German jurist Friedrich von Savigny

Question 16

What did Professor Ibbetson state in regards to the Will theory?

Answer 16

that ‘the great merit of the Will Theory was that it had a measure of intellectual coherence that the traditional common law wholly lacked, though this coherence had been to some extent bought at the expense of common sense

Question 17

Who said
that ‘the great merit of the Will Theory was that it had a measure of intellectual coherence that the traditional common law wholly lacked, though this coherence had been to some extent bought at the expense of common sense

Answer 17

Professor Ibbetson

Question 18

What kind of contract does the adoption of the will theory pose ?

Answer 18

unilateral contracts

Question 19

What happened in the case of Harvey v Facey?

Under ‘Has an offer been made’

Answer 19

the plaintiffs sent a telegraph to the defendant asking for the lowest cash price the defendant would take for it. The defendant replied to which the plaintiffs agreed to buy, and the defendant did not reply
it was held that there was no contract as the first telegraph was merely a request for information

Question 20

the plaintiffs sent a telegraph to the defendant asking for the lowest cash price the defendant would take for it. The defendant replied to which the plaintiffs agreed to buy, and the defendant did not reply
it was held that there was no contract as the first telegraph was merely a request for information
What case is this in which area?

Answer 20

Harvey v Facey?

Under ‘Has an offer been made’

Question 21

What happened in the case of Gibson v Manchester City Council?
Under ‘Has an offer been made’

Answer 21

the defendant city council had adopted a policy of selling council houses to its tenants. The application letter stated that it did not amount to a firm offer and invited the claimant to make a formal application. Following local elections the council moved to a Labour administration which refused to sell houses unless a binding contract was in place
HOL held that there was no contract as the council’s letter was not an offer but an invitation to treat and had not yet been accepted

Question 22

the defendant city council had adopted a policy of selling council houses to its tenants. The application letter stated that it did not amount to a firm offer and invited the claimant to make a formal application. Following local elections the council moved to a Labour administration which refused to sell houses unless a binding contract was in place
HOL held that there was no contract as the council’s letter was not an offer but an invitation to treat and had not yet been accepted

What case is this under what topic?

Answer 22

Gibson v Manchester City Council?

Under ‘Has an offer been made’

Question 23

What is the general rule to advertisements?

Answer 23

they are an invitation to negotiate, not an offer

Question 24

What is the leading case under advertisements?

Answer 24

Partridge v Crittendon

Question 25

What happened int eh case of Partridge of Crittendon?

advertisements

Answer 25

Facts: D advertised the sale of wild birds which was unlawful to offer under the Protection of Birds Act 1954
Held: Court held the advertisement was not an offer but an invitation to treat, not guilty. The legislation chose the phrase “offer for sale” and to adopt a different understanding would be to usurp their function as parliament

Question 26

Facts: D advertised the sale of wild birds which was unlawful to offer under the Protection of Birds Act 1954
Held: Court held the advertisement was not an offer but an invitation to treat, not guilty. The legislation chose the phrase “offer for sale” and to adopt a different understanding would be to usurp their function as parliament
What case is this under what area?

Answer 26

Partridge of Crittendon?

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Question 27

in what case did the HOL state that both reasonableness and objective intention are key to distinguishing between an offer and an invitation to treat?

Answer 27

Grainger and Son after the claimant tried to state that the defendant made an offer in the case of a price-list distributed by the merchant

Question 28

What happened int eh case of grainger and son under advertsiesmrtns?

Answer 28

he claimant tried to state that the defendant made an offer in the case of a price-list distributed by the merchant

Question 29

What Act makes provisions for a range of offences which may be committed by a trader who provides misleading information of various types to consumers

Answer 29

Consumer Protection from Unfair Trading Regulations 2008

Question 30

What case proves that The conclusion that an advertisement is an invitation to negotiate is however not an invariable one

Answer 30

Carlill v Carbolic Smoke Ball Company 1893 - unilateral contract

Question 31

What happened in the case fo Carlill v Carbolic Smoke Ball Company 1893 under advertisements?

Answer 31

Facts: Company sold a product claiming that if it did not cure influenza it would pay £100 to its buyers. The company was sued when this did not work but argued that the ad was not to be taken seriously as a legally binding offer but merely an invitation to treat, a gimmick
Held: it would appear to the reasonable man that the company made a serious, unilateral offer to the entire world. The performance of the company’s conditions is the acceptance of this offer

Question 32

What did Bowen LJ say in regards to the extravagance of the promise made in Carlil v Carbolic Smoke Ball Company?

Answer 32

‘the extravagance of the promises is no reason in law why he should not be bound by them”

Question 33

Which judge said ‘the extravagance of the promises is no reason in law why he should not be bound by them” in Carlil v Carbolic Smoke Ball Company?

Answer 33

Bowen LJ

Question 34

What did Professor Simpson say about the importance of Carlil ?

Answer 34

that ‘it is historical; it was the vehicle whereby a new legal doctrine was introduced into the law of contract

Question 35

Which case is generally cited as authority for the existence of the doctrines of intention to create legal relations?

Answer 35

Balfour v Balfour

Question 36

What case upheld the COA decision in Carlil?

Answer 36

Bowerman v Association of British Travel Agents

Question 37

What happened in the case of Bowerman, and the judegemtn of it

Answer 37

the plaintiffs booked a holiday but before it began the tour operator became insolvent and displayed in the premises that they would be reimbursed.
It was held by Hobhouse LJ that the defendants arguments in the present case had no greater validity than those advanced in Carlil.

Question 38

the plaintiffs booked a holiday but before it began the tour operator became insolvent and displayed in the premises that they would be reimbursed.
It was held by Hobhouse LJ that the defendants arguments in the present case had no greater validity than those advanced in Carlil.

What case is this?

Answer 38

Bowerman

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Question 39

What were the two key issues in Carlil?

Answer 39

1) the identifiaction of the acceptance

2) the communcationof the acceptance

Question 40

ON which two grounds did the COA reject the defendants appeal in Carlil that there was no consideration and thus no contract?

Answer 40

1) the benefit that the defendants gained as a result of the use of the smoke ball in response to the advertisements
2) the use of the smoke ball three times a day constituted a detriment to the claimant

Question 41

What is the general rule in relation to the display of goods for sale in a shop?

Answer 41

that the display constitutes an invitation to negotiate and not an offer. the leading case is:
Pharmaceutical Society of GB v Boots Cash Chemists 1953

Question 42

What is the leading case for the displays of goods for sale in a shop?

Answer 42

Pharmaceutical Society of GB v Boots Cash Chemists 1953

Question 43

Pharmaceutical Society of GB v Boots Cash Chemists 1953

under what topic is this the leading case?

Answer 43

• has an offer been made

display of goods for sale in a shop window

Question 44

What happened in the case of Pharmaceutical Society of GB v Boots Cash Chemists 1953?

Answer 44

Facts: Pharamacy and Poisons Act 1933 requires the supervision of a registered pharmacist for the sale of any item on the poisons list
Held:D was not in breach of the act as the display of goods on shelves was not an offer accepted once the customer selected the item but only when payment was taken

Question 45

Facts: Pharamacy and Poisons Act 1933 requires the supervision of a registered pharmacist for the sale of any item on the poisons list
Held:D was not in breach of the act as the display of goods on shelves was not an offer accepted once the customer selected the item but only when payment was taken

What case is this under which topics?

Answer 45

when has an offer been made
display of goods
Pharmaceutical Society of GB v Boots Cash Chemists 1953

Question 46

What did Lord Goddards CJ at first instance not in the case of Pharmaceutical Society of GB v Boots Cash Chemists 1953?

Answer 46

that picking up a bottle of medicine from a shelf ‘does not amount an acceptance of an offer to sell, but it is an offer by the customer to buy”

Question 47

that picking up a bottle of medicine from a shelf ‘does not amount an acceptance of an offer to sell, but it is an offer by the customer to buy”
which judge said this in the case of
Pharmaceutical Society of GB v Boots Cash Chemists 1953?

Answer 47

Lord Goddards CJ

Question 48

What happened in the case of Fisher v Bell?

display of goods

Answer 48

he defendant was charged with the offence of offering for sale a flick knife, contrary to s/1 of the Restriction of Offensive Weapons Act 1959. He displayed the knife in the shop window with a price ticket.
Held: the defendant had not committed the offence as he had not offered it for sale.

Question 49

he defendant was charged with the offence of offering for sale a flick knife, contrary to s/1 of the Restriction of Offensive Weapons Act 1959. He displayed the knife in the shop window with a price ticket.
Held: the defendant had not committed the offence as he had not offered it for sale.

What case is this under which topic?

Answer 49

fisher v bell

display of goods

Question 50

In what type of cases will the display of goods in a shop window amount to an offer?

Answer 50

in those cases where the courts have held that the display of goods or an advertisement to the effect that goods will be sold at particular price, constitutes an offer

Question 51

What case is an example of how the display of goods in a shop window can amount to an offer?

Answer 51

Lefkowitz

Question 52

What happened in the case of Lefkowitz?

Display of goods

Answer 52

The defendant placed an advertisement in the paper for the sale of fur, statin g that it would be sold on a ‘first come first served’ basis. The claimant was the first to respond to the advertisement, but the defendant refused to sell on the basis that it was a ‘house rule’ to sell only to female customers.

The defendant therefore did not have the right to impose new conditions which were not contained in the published offer after acceptance.

the sale of Lapin fur was clear, definite and explicit, and left nothing open for negotiation.”

Question 53

What case cited in the judgement of Lefkowitz demonstrated a newspaper advertisement that constituted a an offer

Answer 53

Johnson v Capital City Ford Co

Question 54

Johnson v Capital City Ford Cp

what are the facts of this case?

Answer 54

in which the court pointed out that a newspaper advertisement relating to the purchase and sale of automobiles may constitute an offer, acceptance of which will consummate a contract and create an obligation in the offerer to perform according to the terms of the published offer”

Question 55

in which the court pointed out that a newspaper advertisement relating to the purchase and sale of automobiles may constitute an offer, acceptance of which will consummate a contract and create an obligation in the offerer to perform according to the terms of the published offer”

What case is this under which topics?

Answer 55

cited in the judgement of Lefkowitz

Question 56

What was the main point in the case of Lefkowitz

Answer 56

the sale of Lapin fur was clear, definite and explicit, and left nothing open for negotiation.” thus it was an offer

Question 57

Under the topic of display of goods in a shop, what did Professor Atiyah critique about the current modern social conditions of the law?

Answer 57

that ‘in the case of self serve shops, legal methods of reasoning probably mean that the law today is out of touch with modern social conditions, and also with public attitudes ‘

Question 58

who noted that ‘in the case of self serve shops, legal methods of reasoning probably mean that the law today is out of touch with modern social conditions, and also with public attitudes ‘?under which topic

Answer 58

Professor Atiyah

Display of goods

Question 59

In what case did Ralph JC note that website advertisement is in principle no different from a billboard outside a shop or an advertisement in a newspaper or periodical?

Answer 59

Chwee Kin Keong

Question 60

Chwee Kin Keong

What was the judgement of Ralph CJ in this case?

Answer 60

that website advertisement is in principle no different from a billboard outside a shop or an advertisement in a newspaper or periodical?

Question 61

What is the observation made from the judgement of Ralph JC in Chwee Kin Keong that website advertisement is in principle no different from a billboard outside a shop or an advertisement in a newspaper or periodical?

Answer 61

this seems to create a default rule that website advertisement is an invitation to treat and not an offer

Question 62

Why may judges be reluctant to conclude that an advertisement on a website is an offer?

Answer 62

due to the potential range in liability

Question 63

What is a tender?

Answer 63

The practice of inviting parties to tender, or to bid, for a particular project

Question 64

Is a tender an offer or an invitation to treat?

Answer 64

thisdepends on the facts of the case

Question 65

IN common law what is the general rule regarding what a tender is?

Answer 65

the general rule is that the invitation to tender is not an offer but an invitation to negotiate- Spencer v Harding

Question 66

Which case demonstrates that at common law the general rule is that the invitation to tender is not an offer but an invitation to negotiate?

Answer 66

Spencer v Harding

Question 67

What happened in the case of Spencer v Harding under the topic of tenders

Answer 67

: D advertised a sale by tender. The claimant submitted the highest tender but D refused to sell
Held: Unless the advertisement specifies that the highest tender would be accepted then there is no obligation to sell to the person submitting the highest tender

Question 68

: D advertised a sale by tender. The claimant submitted the highest tender but D refused to sell
Held: Unless the advertisement specifies that the highest tender would be accepted then there is no obligation to sell to the person submitting the highest tender

What case is this under which topic?

Answer 68

Spencer v Harding

tenders

Question 69

What is an example of a case in which the courts haveconcluded that the invitation to tender did in fact contain within it an offer?

Answer 69

Blackpool&Flyde Aero Club Ltd v Blackpool Borough Council

Question 70

What happened in the case of Blackpool&Flyde Aero Club Ltd v Blackpool Borough Council
which is an example of when he courts have concluded that the invitation to tender did in fact contain within it an offer

Answer 70

The tender invitation had a clause stating tenders would not be considered if they missed the time and date deadline stipulated. Plaintiff’s tender was not considered even though it was posted at 11am, and thus brought an action for breach of contract as it was the council staff who failed to clear the letter box by 12pm that day.
Dismissed D’s appeal as while the invitation to submit a tender was usually no more than an offer to receive bids, in this circumstance the behaviour of the parties created clear intention to create a contract and thus failure to consider the plaintiff’s application made D liable. Negligent

Question 71

Which judge in Blackpool&Flyde Aero Club Ltd v Blackpool Borough Council stated that submitting a tender before a deadline is ‘not a matter of mere expectation but of contractual right’ ?

Answer 71

Bingham LJ

Question 72

What did Bingham LJ say in Blackpool&Flyde Aero Club Ltd v Blackpool Borough Council

Answer 72

that submitting a tender before a deadline is ‘not a matter of mere expectation but of contractual right’

Question 73

What were the 3 significant factors in Blackpool? (tenders)

Answer 73

the invitation to tender was addressed to a small number of interested parties;
the tender procedure was ‘clear, orderly and familiar’
the outcome was, in the opinion of the court, consistent with the ‘assumptions of commercial parties’

Question 74

What case demonstrates where there has been a loss of chance?
Topic of tenders

Answer 74

Chaplin v Hicks

Question 75

What are the facts of Chaplin v Hicks?

-tenders

Answer 75

In this case Chaplin entered the competition and came first in her group thereby affording her the opportunity to be considered as a finalist but the letter to go to the next stage arrived late.
Held: 100k in damages. Hicks’ breach of contract meant she could no longer be so considered. The loss of the chance of winning such a lucrative prize was a breach which afforded her the right to substantial, and not merely nominal damages.

Question 76

In this case Chaplin entered the competition and came first in her group thereby affording her the opportunity to be considered as a finalist but the letter to go to the next stage arrived late.
Held: 100k in damages. Hicks’ breach of contract meant she could no longer be so considered. The loss of the chance of winning such a lucrative prize was a breach which afforded her the right to substantial, and not merely nominal damages.

What case is this under which topic?

Answer 76

Chaplin v Hicks

tenders

Question 77

What was the HOL decision in Harvela Investments?

Answer 77

that the invitation to tender was an offer

Question 78

What are the facts of Harvela under tenders?

Answer 78

Facts: Claimant made a bid for a fixed sum and the second defendant made a referential bid of $101,000 in excess of any other bid to the first defendant who was selling shares in a company and stated that the highest bid would win. 
Held: HOL held that the referential bid was invalid, with the first defendant being bound to accept their tender. It would otherwise undermine the purpose of a sealed tender

Question 79

Facts: Claimant made a bid for a fixed sum and the second defendant made a referential bid of $101,000 in excess of any other bid to the first defendant who was selling shares in a company and stated that the highest bid would win. 
Held: HOL held that the referential bid was invalid, with the first defendant being bound to accept their tender. It would otherwise undermine the purpose of a sealed tender
What case is this under what topics?

Answer 79

Harvela Investments

tenders

Question 80

explain the decision of Harvela under topic of tenders

Answer 80

the first defendants assumedan obligation to enter into a contract to sell shares to the promisee who submitted the highest bid in accordance with the terms of the invitation
The unilateral contract concluded with the successful bidder would thus be transformed into a binding bilateral contract

Question 81

What are the 4 important cases under tenders

Answer 81

spencer v harding
Blackpool Aero Club v Blackpool Borough Council
Chaplin v Hicks
harvela

Question 82

What are the 4 cases under the display of goods for sale in a shop

Answer 82

Lefkowitz
Chwee Kin Keong
Fisher v Bell
Pharmaceutical Society of GB v Boots Cash Chemists 1953

Question 83

What are the 2 cases under advertisements

Answer 83

Partridge v Crittenden

Carlill v Carbolic Smoke Ball

Question 84

What is the main case under auctions?

Answer 84

Barry v Davies

Question 85

What happened in the case of Barry v Davies? under auctions

Answer 85

The auctioneer failed to obtain bids of £5000 and £3000, upon which the claimant bid £200 for each machine, but the auctioneer refused to accept these bids and withdrew the machines from auction.
Held:The Court held that the holding of an auction for sale without reserve is an offer by the auctioneer to sell to the highest bidder, so the defendant was contractually obliged to sell to the claimant.
There was consideration in the form of detriment to the bidder, as his bid could not be accepted unless and until it was withdrawn, and benefit to the auctioneer as the price was driven up (and also that attendance at the auction is likely to increase if it is said that there is no reserve).

Question 86

The auctioneer failed to obtain bids of £5000 and £3000, upon which the claimant bid £200 for each machine, but the auctioneer refused to accept these bids and withdrew the machines from auction.
Held:The Court held that the holding of an auction for sale without reserve is an offer by the auctioneer to sell to the highest bidder, so the defendant was contractually obliged to sell to the claimant. There was consideration in the form of detriment to the bidder, as his bid could not be accepted unless and until it was withdrawn, and benefit to the auctioneer as the price was driven up (and also that attendance at the auction is likely to increase if it is said that there is no reserve).

What case is this under what topic?

Answer 86

Barry v Davies auctions

Question 87

In the case of Barry v Davies under auctions, what kind of contract was initially made between the auctioneer and the highest bidder which constituted an offer?

Answer 87

a collateral contract

Question 88

What does Sir Murray note about the Sale of Goods Act 1893 in regards to the case of Barry v Davies?

Answer 88

that it is not lawful for the seller to bid himself or to employ any person to bid at the sale
-and thus withdrawing the lot from sale is tantamount to bidding on behalf of the seller

Question 89

What case was just in Barry v Davies to justify the courts decision?

Answer 89

Warlow v Harrison

Question 90

What happened ni the case of Warlow v harrison which the courts used in the case of Barry v Davies to justify the courts decision?

Answer 90

The plaintiff had bid for a pony at the defendant’s auction, but had been sold by the auctioneer defendant, accepting the higher bid of the owner himself. There was no reserve. He appealed against rejection of his claim against the auctioneer.
Held: The appeal failed on the existing pleadings, but succeeded after the court allowed an amendment. Baron Martin held “it seems to us that the highest bona fide bidder at an auction may sue the auctioneer as upon a contract that the sale shall be without reserve.”

Question 91

The plaintiff had bid for a pony at the defendant’s auction, but had been sold by the auctioneer defendant, accepting the higher bid of the owner himself. There was no reserve. He appealed against rejection of his claim against the auctioneer.
Held: The appeal failed on the existing pleadings, but succeeded after the court allowed an amendment. Baron Martin held “it seems to us that the highest bona fide bidder at an auction may sue the auctioneer as upon a contract that the sale shall be without reserve.”

What case is this under what topic

Answer 91

wallow v harrison

auction

Question 92

What case upheld the court decision in Warlow v Harrison (tenders) which was also used to justify the case in Barry ?

Answer 92

Johnston v Boyles

Question 93

what was the main difficulty in the case of Barry v Davis?

Answer 93

in the identification of consideration

Question 94

Who has defined acceptance as being a ‘final and unqualified expression of assent to the terms of the offer?

Answer 94

H Beale

Question 95

How did H Beale define acceptance?

Answer 95

as ‘a final and unqualified expression of assent to the terms of an offer.

Question 96

What are the two clear principles of acceptance?1

Answer 96

1) acceptance must be both final and unqualified

2) acceptance must generally be communicated to the offeror

Question 97

What happened in the case of Hyde v Wrench 1840 under what constitutes an acceptance?

Answer 97

the defendant offered to sell his farm to the plaintiff for £1,000. The Plaintiff offered to buy it for £950 but the defendant refused to do so. The plaintiff then wrote to D agreeing to pay £1,000 but D never replied. It was held that there was no contract

Question 98

the defendant offered to sell his farm to the plaintiff for £1,000. The Plaintiff offered to buy it for £950 but the defendant refused to do so. The plaintiff then wrote to D agreeing to pay £1,000 but D never replied. It was held that there was no contract

what case is this under which topic>

Answer 98

Hyde v Wrench 1840 under what constitutes an acceptance

Question 99

What happened in the case of Stevenson Jaques v McLea?

Answer 99

Facts: D wrote to P willing to sell iron to P and stated that the offer was open for a period of time. On the last day of that period the plaintiffs telegraphed to the defendant asking if they would accept 40 for delivery over 2 months or if not longest limit they would give. Later that day the defendant sold the iron to a third party and alerted P. Before P received the telegram they found a buyer for the iron and accepted the defendants offer to sell. Ds refused to deliver the iron and P sued for non delivery
Issue: The defendants argued that Ps first telegram was a rejection of Ds offer so their offer was no longer for acceptance when Ps purported to accept it later that day.
Held: Lush LJ rejected Ds argument and their reliance upon Hyde v Wrench, he concluded at p350:
Ps asked a question “There is nothing specific by way of offer or rejection, but a mere inquiry which should have been answered and not treated as a rejection of the offer. This ground of objection therefore fails”

Question 100

Facts: D wrote to P willing to sell iron to P and stated that the offer was open for a period of time. On the last day of that period the plaintiffs telegraphed to the defendant asking if they would accept 40 for delivery over 2 months or if not longest limit they would give. Later that day the defendant sold the iron to a third party and alerted P. Before P received the telegram they found a buyer for the iron and accepted the defendants offer to sell. Ds refused to deliver the iron and P sued for non delivery
Issue: The defendants argued that Ps first telegram was a rejection of Ds offer so their offer was no longer for acceptance when Ps purported to accept it later that day.
Held: Lush LJ rejected Ds argument and their reliance upon Hyde v Wrench, he concluded at p350:
Ps asked a question “There is nothing specific by way of offer or rejection, but a mere inquiry which should have been answered and not treated as a rejection of the offer. This ground of objection therefore fails”

What case is this under what topic?

Answer 100

Stevenson Jaceques v McLean

what constitutes acceptance?

Question 101

What happened in the case of Butler Machine Tool Co under the topic of what constitutes an acceptance?

Answer 101

Lord Denning MR:
Facts: Buyer wished to buy a machine from the Seller who sent a quotation with a copy of their terms which included a price variation clause and a term that the seller’s terms would prevail over any terms submitted by a purchaser. The buyer put in an order for the machine with their own terms which did not include the price variation clause and required a signature slip by the Seller to be returned to them which contained that the contract would be subject to the terms stated overleaf. Seller sought to enforce the price variation upon delivery which the Buyer refused to pay
Held: The offer to sell machines by the terms provided by the seller were destroyed by the counter offer made by the buyer which was concluded upon the Sellers’ signing of the slip

Question 102

Lord Denning MR:
Facts: Buyer wished to buy a machine from the Seller who sent a quotation with a copy of their terms which included a price variation clause and a term that the seller’s terms would prevail over any terms submitted by a purchaser. The buyer put in an order for the machine with their own terms which did not include the price variation clause and required a signature slip by the Seller to be returned to them which contained that the contract would be subject to the terms stated overleaf. Seller sought to enforce the price variation upon delivery which the Buyer refused to pay
Held: The offer to sell machines by the terms provided by the seller were destroyed by the counter offer made by the buyer which was concluded upon the Sellers’ signing of the slip

What case is this under what topic?

Answer 102

Butler Machine Tool Co under the topic of what constitutes an acceptance?

Question 103

Which case noted that ‘the counter offer kills the original offer’? (under what constitutes an acceptance)

Answer 103

Trollope & Colls

Question 104

Butler Machine Tool Co under the topic of what constitutes an acceptance what was the difference in judgements between Lord Denning and that of Bridge LJ and Lawton?

Answer 104

Bridge LJ and Lawton referred to the plain terms of the acknowledgement slip which the sellers had signed whereas Lord Denning rejected the traditional approach in identifying offer and acceptance by examining all the documents passing between the parties

Question 105

What case does this refer to?
Bridge LJ and Lawton referred to the plain terms of the acknowledgement slip which the sellers had signed whereas Lord Denning rejected the traditional approach in identifying offer and acceptance by examining all the documents passing between the parties

Answer 105

Butler Machine Tool Co under the topic of what constitutes an acceptance

Question 106

What is the advantages and disdvantages of Lord Denning rejecting the traditional approach in identifying offer and acceptance by examining all the documents passing between the parties in Butler Machine Tool Co under the topic of what constitutes an acceptance as opposed to Bridge LJ and Lawton referred to the plain terms of the acknowledgement slip which the sellers had signed ?

‘battle of the forms’

Answer 106

flexibility and commercial practicality The negotiation process can often be both complex and protracted and it can be difficult to analyse it in terms of offer and acceptance

Denning states that it suffices for the parties to reach agreement on all material points, but what is a material point>
the price of goods appears to be a material point yet the parties in Butler were not in agreement and nevertheless it was held to be a contract

Question 107

what are 3 examples of ways commercial parties ensure the contract is made on their own standard terms?

Answer 107

• retention or title cause, seller remains owner until paid for
• price escalation clause
• making provision for the payment of interest on money owed by the seller

Question 108

What is an example of a case which was decided there was no contract concluded and thus the terms should not be anyalsed?

Answer 108

Mathieson Gee

Question 109

What happened in the case of Mathieson Gee under what constitutes an acceptance?

Answer 109

the defendant refused to pay for the work done by the pursors who offered and did remove deposit from Ds pond, as D claimed it was too expensive and were in breach of contract. The court held that there was no agreement and thus Lord Reid stated (at p.43) that ‘it is plainly an impossible task for the Court to find the terms of an agreement which never existed.

Question 110

the defendant refused to pay for the work done by the pursors who offered and did remove deposit from Ds pond, as D claimed it was too expensive and were in breach of contract. The court held that there was no agreement and thus Lord Reid stated (at p.43) that ‘it is plainly an impossible task for the Court to find the terms of an agreement which never existed.
What case is this under what topic?

Answer 110

Mathieson Gee under what constitutes an acceptance

Question 111

What are commonly used in commercial practise , particularly in the construction industry under what constitutes acceptance?

Answer 111

letters of intent