offer and acceptance- Paper 3 Flashcards
offer
statement of terms upon which the offeror is willing to be bound
offeror
makes the offer
offeree
person the offer is being made to
acceptance
offerree accepts terms of use by the
offeror
consideration
thing of value between 2 parties
intent
both parties must intend to make a legally binding agreement
Gibson v MCC
-offer must be clear and firm
-offer cannot be an invitation to treat
Fisher v Bell
goods in shop windows are only invitations to treat
PSGB v Boots
goods on shop shelves are only invitations to treat
Partrdge v Crittenden
written adverts are only invitations to treat
who makes the offer in consumer cases
buyer makes the offer as the shop keeper must be able to refuse service
Carlill v Carbolic smoke ball Co
If you get an offer in an advert that has clear and firm instructions, it can become a unilateral offer
Harvey v Facey
a response to a request for information is not an offer
bilateral contract
both parties have an obligation
unilateral offer
only one party has an obligation
6 ways offers end
-Acceptance
-Rejection
-Death of offeror
-Counter offer
-Lapse of time
-Revocation
Death of offeror
if the offeree knows the offeror has died then the offer dies with them but if the offeree does not know then the offer is still capable of being accepted
Counter offer + case
-counter offers end the original offer and make a new one meaning the old offer cannot be accepted (unless both parties agree)
-Hyde v Wrench
Lapse of time + case
-sometimes an offer will be open until a particular time, in this situation the offer will end the that time has passed
-if no time/date is stated, an offer can end after a reasonable amount of time (reasonable time depends on the circumstances)
-Ramsgate hotel v Montefiore
Revocation + case
-offers can be revoked by the offeror as long as it has not been accepted (offeror can change their mind)
-Routledge v Grant
-Dickenson v Dodds says revocation can be communicated by a reliable third party
ways acceptance can be made
-writing
-verbally
-by conduct
Yates v Pulleyn
-offeror can specify that the acceptance should be made in a particular way
-if an offeror just suggests a mode of communication then others can still work.
Adams v Lindsell
-Posting a letter of acceptance is affect when the letter is posted; it does not have to be received
-this only applies to acceptance not offers and revocation
Howell v Hughes
if a party requests ‘notice in writing’ of an acceptance it will probably be interpreted as meaning the letter has to be actually received by the offeror before is effective
Entores v Miles Far East Corp
Instant messages must actually be received to be effective acceptance, does not follow the postal rule
Brinkibon
-Messages left during office hours are effective when they’re received- even if they’re not read or listened to.
-Disputes about messages left outside of office hours should be resolved by looking at the parties intentions and normal business practice.
(this also applies to revocation and offers)
Article 11 of the E-Commerce Regulations 2002
Acceptances will be received and effective when parties to whom they are addressed are able to access them
