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Contract Law A > Offer and acceptance principles > Flashcards

Offer and acceptance principles Flashcards

1
Q

The meaning of an agreement

A

Gibson v Manchester City Council

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2
Q

The Objectivity principle

A

Smith v Hughes

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3
Q

Conduct can sometimes infer an offer

A

Steven v Bromley

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4
Q

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

A

Allied Marine Transport v Vale do Rio

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5
Q

Auctions with no reserve price

A

Warlow v Harrison

Barry v Davies

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6
Q

Display of goods in Shop windows

A

Fisher v Bell

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7
Q

Display of goods on shelves

A

Pharmaceutical society of great Britain v Boots Cash Chemists

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8
Q

Advertising goods for sale

A

Partridge v Crittenden

Harris v Nickerson

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9
Q

Catalogue

A

Grainger v Gough

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10
Q

Website

A

Chwee Kin Keong v Digiland Mall

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11
Q

Unilateral Contracts

A

Carlill v Carbonic Smoke Ball

Lefkowitz v Great Minneapolic Surplus Stores

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12
Q

Tenders

A

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

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13
Q

Fixed bidding: Referential bids

A

Harvela Investments v Royal Trust

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14
Q

Certainty and complete contract

A

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

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15
Q

An agreement to agree

A

Courtney v Tolaini Brothers

Walford v Miles

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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
Q

Acceptance with a motivation other than acceptance of offer

A

Williams v Carwardine
R v Clarke
Taylor v Allon

26
Q

Method of acceptance not stipulated to be the sole method

A

Manchester Diocesan Council v C & G Investments

27
Q

Postal Acceptance Rule

A

Adams v Lindsell

28
Q

Where is postal acceptance rule inapplicable?

A

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
Q

The PAR means contract is concluded at the time of posting

A

Adams v Lindsell
Household Fire Insurance v Grant

Byrne v Van Tienhoven

30
Q

Scope of PAR

A

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
Q

Counter Offer

A

Hyde v Wrench

32
Q

Enquiry

A

Stevenson, Jaques & Co v McLean

33
Q

Offer will expire after lapse of time

A

Ramsgate Victoria Hotel v Montefiore

34
Q

An offer may be revoked at any time prior accceptance

A

Routledge v Grant

35
Q

Revocation must be communicated

A

Byrne v Van Tienhoven

36
Q

Revocation need not be communicated by the offeror

A

Dickinson v Dodds

37
Q

Revocation of unilateral offer

A

Shuey v US

38
Q

Offer cannot be revoked in unilateral offer

A

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

Contract Law A (6 decks)

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