Offer and acceptance principles

Question 1

The meaning of an agreement

Answer 1

Gibson v Manchester City Council

Question 2

The Objectivity principle

Answer 2

Smith v Hughes

Question 3

Conduct can sometimes infer an offer

Answer 3

Steven v Bromley

Question 4

No offer will be inferred from conduct reasonably susceptible of more than one interpretation

Answer 4

Allied Marine Transport v Vale do Rio

Question 5

Auctions with no reserve price

Answer 5

Warlow v Harrison

Barry v Davies

Question 6

Display of goods in Shop windows

Answer 6

Fisher v Bell

Question 7

Display of goods on shelves

Answer 7

Pharmaceutical society of great Britain v Boots Cash Chemists

Question 8

Advertising goods for sale

Answer 8

Partridge v Crittenden

Harris v Nickerson

Question 9

Catalogue

Answer 9

Grainger v Gough

Question 10

Website

Answer 10

Chwee Kin Keong v Digiland Mall

Question 11

Unilateral Contracts

Answer 11

Carlill v Carbonic Smoke Ball

Lefkowitz v Great Minneapolic Surplus Stores

Question 12

Tenders

Answer 12

Spencer v Harding
Harvela Investments v Royal Trust
Blackpool & Flyde Aero Club v Blackpool BC

Question 13

Fixed bidding: Referential bids

Answer 13

Harvela Investments v Royal Trust

Question 14

Certainty and complete contract

Answer 14

May & Butcher v The King
Foley v Classique Coaches
Hillas v Arcos
Scammell & Nephew v Ouston

Question 15

An agreement to agree

Answer 15

Courtney v Tolaini Brothers

Walford v Miles

Question 16

Lock out Agreements

Answer 16

Pitt v PHH Assert

Question 17

Acceptance takes place where it is communicated

Answer 17

Entores v Miles Far east Corp

Brinkibon v Stahag Stah

Question 18

A mere meeting of minds is not enough

Answer 18

Tinn v Hoffman

Question 19

Silence is not acceptance

Answer 19

Felthouse v Bindley

Question 20

Acceptance by clear conduct

Answer 20

Brogden v Metropolitan Railway

Question 21

Ambiguity will deny the clear reference to the offer

Answer 21

The Leonidas D

Question 22

Battle of the forms

Answer 22

BRB v AVG

Lidl v Hertford Foods

Question 23

In bilateral contracts you have to know about acceptance

Answer 23

Taylor v Allon

Question 24

In unilateral contracts you do not necessarily have to know about acceptance

Answer 24

Gibbons v Protector Revisited

Question 25

Acceptance with a motivation other than acceptance of offer

Answer 25

Williams v Carwardine R v Clarke Taylor v Allon

Question 26

Method of acceptance not stipulated to be the sole method

Answer 26

Manchester Diocesan Council v C & G Investments

Question 27

Postal Acceptance Rule

Answer 27

Adams v Lindsell

Question 28

Where is postal acceptance rule inapplicable?

Answer 28

1) When post is not the permitted method of acceptance: Quenerduaine v Cole 2) The postal service is known to be distrupted: Bal v Van Staden 3) The terms of the offer preclude the PAR by expressly or impliedly requiring communication: Holwell Securities v Hughes 4) The acceptance is not correctly addressed through the carelessness of the offeree: Korbetis v Transgrain Shipping

Question 29

The PAR means contract is concluded at the time of posting

Answer 29

Adams v Lindsell Household Fire Insurance v Grant Byrne v Van Tienhoven

Question 30

Scope of PAR

Answer 30

Telegrams: Cowan v O'Connor Not Telephone or telex: Entores v Miles Far East + Brinkibon v Stahag Email - Chwee Kin Keong v Digiland Mall Website transactions: Chwee

Question 31

Counter Offer

Answer 31

Hyde v Wrench

Question 32

Enquiry

Answer 32

Stevenson, Jaques & Co v McLean

Question 33

Offer will expire after lapse of time

Answer 33

Ramsgate Victoria Hotel v Montefiore

Question 34

An offer may be revoked at any time prior accceptance

Answer 34

Routledge v Grant

Question 35

Revocation must be communicated

Answer 35

Byrne v Van Tienhoven

Question 36

Revocation need not be communicated by the offeror

Answer 36

Dickinson v Dodds

Question 37

Revocation of unilateral offer

Answer 37

Shuey v US

Question 38

Offer cannot be revoked in unilateral offer

Answer 38

Errington v Errington Daulia v Four Millbank Nominees New Zealand Shipping v Satterthwaite