Offer and Acceptance Cases

Question 1

Partridge v Crittenden

Answer 1

Wild birds advert was ITT, not an offer for sale so not guilty

Question 2

Carlill v Carbolic Smoke Ball Company

Answer 2

Unilateral offer for £100 if use product and catch flu. Not an ITT as it was an offer to the world

Question 3

Pharmaceutical Society of Great Britain v Boots

Answer 3

Display medicines were ITT, offer made by customer at till so following rules

Question 4

British Car Auctions v Wright

Answer 4

Auction lots are ITT so not ‘offering’ unfit cars

Question 5

Harvey v Facey

Answer 5

Question about farm price was an information request, not an offer.

Question 6

Thornton v Shoe Lane Parking

Answer 6

Offer can be made by any person, business or machine.

Question 7

Taylor v Laird

Answer 7

Ship owner was unaware of offer to work as crew to accept it. The offer must be communicated.

Question 8

Stevenson v McLean

Answer 8

Telegram to withdraw iron offer arrived after acceptance though was still binding.

Question 9

Dickinson v Dodds

Answer 9

Withdrawal of house offers was communicated through a reliable person.

Question 10

Routledge v Grant

Answer 10

Could withdraw offer to sell house even though agreed to keep offer open for 6 weeks.

Question 11

Hyde v Wrench

Answer 11

Farm price counter offer was rejection and end of the original offer and creation of a new one.

Question 12

Felthouse v Bindley

Answer 12

Acceptance by silence to buy the horse was not agreed to. Acceptance cannot take place through silence.

Question 13

Reveille v Anotech

Answer 13

Offer was accepted by conduct through advertising the products on Masterchef.

Question 14

Adams v Lindsell

Answer 14

Acceptance to buy will as soon as the acceptance was posted. Created the postal rule.

Question 15

Fisher v Bell

Answer 15

Not guilty as knife on display was invitation to treat, not offer

Question 16

Entores v Miles

Answer 16

Postal rule does not apply to instantaneous methods of communication.

Question 17

Neocleus v Rees

Answer 17

Electronic signatures hold the same value as written, parties are bound to the terms.

Question 18

The Brimnes

Answer 18

Instant methods of communication are accepted immediately so long as it is within reasonable business hours.

Question 19

Thomas v BPE Solicitors

Answer 19

Email accepted at 6pm as during business hours due to previous correspondence which confirmed delivery of confirmation would be that business day.

Question 20

Brinkibon v Stahag Stahl

Answer 20

Telex was acceptance once it has been received by the offeror, even if not read yet.