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CONTRACT LAW CASES > Offer and Acceptance > Flashcards

Offer and Acceptance Flashcards

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1
Q

RTS Flexible Systems

A

Established objective test to O&A

Contract didn’t meet formalities but was still enforceabld

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2
Q

Hartog

A

Subjective test to O&A when one psrty knew that the other was mistaken

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3
Q

Scriven

A

Subjective test to O&A when mistake was induced by one party

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4
Q

Gibson

A

”The council may be prepared to sell the house” insufficient commitment, invitation to treat

FORMALISM

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5
Q

Storer

A

”If you eill sign the agreement and return it to me, I will send you the agreement signed on behalf of the council in exchange” offer

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6
Q

Fisher v Bell

A

Knifes in display, invitation to treat

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7
Q

Partridge

A

Advertised wild birds for sale -> invitation to treat

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8
Q

Carlill v Carbolic Smoke Ball Co

A

Advertisement can be interpreted to create a unilateral contract -> offer

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9
Q

Harris v Nickerson

A

Auction = invitation to treat

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10
Q

Barry v Davies

A

Auction offer when no reserve price

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11
Q

Spencer v Harding

A

Tender is an invitation to treat

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12
Q

Harvela Investments

A

Referential bid not valid

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13
Q

Blackpool Aero Club

A

All tenders up to the deadline must be considered

REALISM

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14
Q

Routledgd

A

Offer can be withdrawn anytime before acceptance

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15
Q

Byrne v Van Tienhoven

A

Postal rule doesn’t apply to revocation

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16
Q

Dickinson v Dodds

A

Communication of withdrawal can be done by 3rd party in bilateral contracts

17
Q

Errington v Errington

A

When unilateral contract is to a specific indicidual, acceptance is starting performance

18
Q

Gibbs

A

Mirror-image rule

19
Q

Stevenson v Mclean

A

Inquiry is not a counter-offer

20
Q

Entores v Miles Far East Corporation

A

Lord Denning: passing airplane -> acceptance must be heard

Postal rule does not apply to instant communications

21
Q

Felthouse v Brindley

A

Silence does not constitute acceptance

22
Q

Adam v Lindsell

A

Postal rule

23
Q

Household Insurance v Grant

A

Postal rule applies if letter gets lost

24
Q

Countess of Dunmore v Alexander (Scots.)

A

Once acceptance posted it cannot be revoked

25
Q

Holwell Securities v Hughes

A

Means of acceptance can be prescribed

26
Q

Butler Machine Tools

A

Whoever gets their terms in last wins the battle of forms as long as the other party doesn’t object

CONTRACT LAW CASES (4 decks)

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