offer and acceptance (contract) Flashcards
payne v cave
withdrew before hammer fell- not acceptance
harrison v nickerson
auction in a catalogue- invitation to treat not an offer
fisher v bell
flick knife in the window- the display was an invitation to treat not an offer
harvey v facey
lowest price of acceptance is not an offer
what is a unilateral offer
if you promise to pay you are bound by the offer
Carlill v carbolic smoke ball
said they would pay but didn’t- conduct held as acceptance so it was an offer
offer must be communicated (cases)
taylor v laird- tried to sue for loss f wages but failed as it wasn’t communicated
offeree must have knowledge of the offer (cases)
revenue v fry- cheque for 10,000 paid to clear 13,000 debt. said it in full settlement. no knowledge of when it was cashed so there was no acceptance
terms must be measurable (cases)
guthing v lynn- would pay £5 more of the horse was lucky. to vague to be inforced
partiridge v crittenden
advert of chickens- it was an intention to treat not an offer
pharmaceutical society v boots
the contract is when money is exchanged, not when it is taken off the shelf
what makes acceptance binding?
must be unconditional, must be communicated, method of acceptance, exchange of offer
must be unconditional (case)
hyde v wrench- offers to sell farm for £1000. hyde rejects and rays £950. wrench rejected. hyde said he would pay £1000 but he rejected. due to counteroffer- not unconditional
must be communicated (case)
felthouse v bindley- uncle and nephew negotiate a horse price. uncle said ‘if i hear no more its mine for £30’. not his horse as it wasn’t accepted.
method of acceptance (case)
yates v pulleyn- land was brought in writing by recorded post. it was written that it needed to be sent in ordinary post. not accepted
exchange of offer
you cant claim if you are not aware of the offer
boutledge v grant
you can withdraw offer before accepting- offered to sell the house with the understanding it would remain open for 6 weeks. taken off the marker before 6 weeks. was allowed.
byrne v van tienhoven
offeror must communicate if they are withdrawing offer. the withdrawal offer was sent by post 8th October. B accepted the offer on the 11th October. not allowed to withdraw and B accepted before the letter of withdrawal arrived.
dickinson v dodds
they relied on a 3rd party to withdraw the offer- was allowed as they trusted
errington v errington & wood
dad said he would give son the house of he paid the mortgage. dad died and family wanted the house. house was given to the son if he paid the mortgage
ramsgate victoria hotel v montefiore
they shared an offer in june. it was sent in november. took too long do the deal was lapsed
what causes a termination of a contract
revoking, death, time lapse
postal rule- adams v lindsell
the letter was delayed so it does apply when it is not addressed well or is not posted properly
