Offer and Acceptance Cases Flashcards
Partridge v Crittenden
Wild birds advert was ITT, not an offer for sale so not guilty
Carlill v Carbolic Smoke Ball Company
Unilateral offer for £100 if use product and catch flu. Not an ITT as it was an offer to the world
Pharmaceutical Society of Great Britain v Boots
Display medicines were ITT, offer made by customer at till so following rules
British Car Auctions v Wright
Auction lots are ITT so not ‘offering’ unfit cars
Harvey v Facey
Question about farm price was an information request, not an offer.
Thornton v Shoe Lane Parking
Offer can be made by any person, business or machine.
Taylor v Laird
Ship owner was unaware of offer to work as crew to accept it. The offer must be communicated.
Stevenson v McLean
Telegram to withdraw iron offer arrived after acceptance though was still binding.
Dickinson v Dodds
Withdrawal of house offers was communicated through a reliable person.
Routledge v Grant
Could withdraw offer to sell house even though agreed to keep offer open for 6 weeks.
Hyde v Wrench
Farm price counter offer was rejection and end of the original offer and creation of a new one.
Felthouse v Bindley
Acceptance by silence to buy the horse was not agreed to. Acceptance cannot take place through silence.
Reveille v Anotech
Offer was accepted by conduct through advertising the products on Masterchef.
Adams v Lindsell
Acceptance to buy will as soon as the acceptance was posted. Created the postal rule.
Fisher v Bell
Not guilty as knife on display was invitation to treat, not offer
Entores v Miles
Postal rule does not apply to instantaneous methods of communication.
Neocleus v Rees
Electronic signatures hold the same value as written, parties are bound to the terms.
The Brimnes
Instant methods of communication are accepted immediately so long as it is within reasonable business hours.
Thomas v BPE Solicitors
Email accepted at 6pm as during business hours due to previous correspondence which confirmed delivery of confirmation would be that business day.
Brinkibon v Stahag Stahl
Telex was acceptance once it has been received by the offeror, even if not read yet.
