Offer and Agreement

Question 1

Case for Enquiry

Answer 1

Harvey v Facey

Question 2

Case for Offer v Invitation to Treat

Answer 2

Partridge v Crittenden (Chicken Sale)

Question 3

Cases for Advertising as an Offer

Answer 3

Leftkowitz v GMSS (Mink Coat)
Carlill v Carbolic Smokeball Company (Medicine Ad)

Question 4

Three Elements of an Offer

Answer 4

1. Definite and complete
2. Intended to be legally binding
3. Communicated to the offeree

Question 5

What is the traditional approach?

Answer 5

Where the court looks for whether an offer has been made and an subsequent acceptance

Question 5

What is the global approach?

Answer 5

The court determines whether a contract came into existence by virtue of the conduct and circumstances of the parties even if it cannot be precisely analysed in terms of “offer” and “acceptance”

Question 6

Define Acceptance

Answer 6

Acceptance of an offer is an unconditional, unqualified and final assent to all the terms of an offer

Question 7

Case for Counter Offer

Answer 7

Hyde v Wrench (Farm Sale)

Question 8

Case for Offer being communicated to offeree

Answer 8

Bolton v Jones

Question 9

Case for traditional approach

Answer 9

Gibson v Manchested CC (State house sale)

Question 10

Case for Conditional Offer

Answer 10

Buhrer v Tweedie

Question 11

Case for Global Approach

Answer 11

Boulder v Tangaere