offer and acceptance (contract)

Question 1

payne v cave

Answer 1

withdrew before hammer fell- not acceptance

Question 2

harrison v nickerson

Answer 2

auction in a catalogue- invitation to treat not an offer

Question 3

fisher v bell

Answer 3

flick knife in the window- the display was an invitation to treat not an offer

Question 4

harvey v facey

Answer 4

lowest price of acceptance is not an offer

Question 5

what is a unilateral offer

Answer 5

if you promise to pay you are bound by the offer

Question 6

Carlill v carbolic smoke ball

Answer 6

said they would pay but didn’t- conduct held as acceptance so it was an offer

Question 7

offer must be communicated (cases)

Answer 7

taylor v laird- tried to sue for loss f wages but failed as it wasn’t communicated

Question 8

offeree must have knowledge of the offer (cases)

Answer 8

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

Question 9

terms must be measurable (cases)

Answer 9

guthing v lynn- would pay £5 more of the horse was lucky. to vague to be inforced

Question 10

partiridge v crittenden

Answer 10

advert of chickens- it was an intention to treat not an offer

Question 11

pharmaceutical society v boots

Answer 11

the contract is when money is exchanged, not when it is taken off the shelf

Question 12

what makes acceptance binding?

Answer 12

must be unconditional, must be communicated, method of acceptance, exchange of offer

Question 13

must be unconditional (case)

Answer 13

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

Question 14

must be communicated (case)

Answer 14

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.

Question 15

method of acceptance (case)

Answer 15

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

Question 16

exchange of offer

Answer 16

you cant claim if you are not aware of the offer

Question 17

boutledge v grant

Answer 17

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.

Question 18

byrne v van tienhoven

Answer 18

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.

Question 19

dickinson v dodds

Answer 19

they relied on a 3rd party to withdraw the offer- was allowed as they trusted

Question 20

errington v errington & wood

Answer 20

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

Question 21

ramsgate victoria hotel v montefiore

Answer 21

they shared an offer in june. it was sent in november. took too long do the deal was lapsed

Question 22

what causes a termination of a contract

Answer 22

revoking, death, time lapse

Question 23

postal rule- adams v lindsell

Answer 23

the letter was delayed so it does apply when it is not addressed well or is not posted properly