Offer and acceptance principles Flashcards

1
Q

The meaning of an agreement

A

Gibson v Manchester City Council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Objectivity principle

A

Smith v Hughes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Conduct can sometimes infer an offer

A

Steven v Bromley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

Allied Marine Transport v Vale do Rio

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Auctions with no reserve price

A

Warlow v Harrison

Barry v Davies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Display of goods in Shop windows

A

Fisher v Bell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Display of goods on shelves

A

Pharmaceutical society of great Britain v Boots Cash Chemists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Advertising goods for sale

A

Partridge v Crittenden

Harris v Nickerson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Catalogue

A

Grainger v Gough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Website

A

Chwee Kin Keong v Digiland Mall

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Unilateral Contracts

A

Carlill v Carbonic Smoke Ball

Lefkowitz v Great Minneapolic Surplus Stores

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Tenders

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fixed bidding: Referential bids

A

Harvela Investments v Royal Trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Certainty and complete contract

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

An agreement to agree

A

Courtney v Tolaini Brothers

Walford v Miles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Lock out Agreements

A

Pitt v PHH Assert

17
Q

Acceptance takes place where it is communicated

A

Entores v Miles Far east Corp

Brinkibon v Stahag Stah

18
Q

A mere meeting of minds is not enough

A

Tinn v Hoffman

19
Q

Silence is not acceptance

A

Felthouse v Bindley

20
Q

Acceptance by clear conduct

A

Brogden v Metropolitan Railway

21
Q

Ambiguity will deny the clear reference to the offer

A

The Leonidas D

22
Q

Battle of the forms

A

BRB v AVG

Lidl v Hertford Foods

23
Q

In bilateral contracts you have to know about acceptance

A

Taylor v Allon

24
Q

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

A

Gibbons v Protector Revisited

25
Acceptance with a motivation other than acceptance of offer
Williams v Carwardine R v Clarke Taylor v Allon
26
Method of acceptance not stipulated to be the sole method
Manchester Diocesan Council v C & G Investments
27
Postal Acceptance Rule
Adams v Lindsell
28
Where is postal acceptance rule inapplicable?
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
29
The PAR means contract is concluded at the time of posting
Adams v Lindsell Household Fire Insurance v Grant Byrne v Van Tienhoven
30
Scope of PAR
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
31
Counter Offer
Hyde v Wrench
32
Enquiry
Stevenson, Jaques & Co v McLean
33
Offer will expire after lapse of time
Ramsgate Victoria Hotel v Montefiore
34
An offer may be revoked at any time prior accceptance
Routledge v Grant
35
Revocation must be communicated
Byrne v Van Tienhoven
36
Revocation need not be communicated by the offeror
Dickinson v Dodds
37
Revocation of unilateral offer
Shuey v US
38
Offer cannot be revoked in unilateral offer
Errington v Errington Daulia v Four Millbank Nominees New Zealand Shipping v Satterthwaite