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Contracts 1 > Offer - Cases > Flashcards

Offer - Cases Flashcards

1
Q

Clarke v Earl of Dunraven

A

A concluded bargain can be considered reached even if it is difficult or impossible to isolate an ‘offer’ and ‘acceptance’

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2
Q

Hermens v Acacia Group Ltd

A

‘Global’ rule: it is not necessary, in determining whether a contract has been formed, to identify either a precise offer or a precise acceptance, nor a precise time at which an offer or acceptance could be identified:

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3
Q

Carlill v Carbolic Smoke Ball Company

A
  1. Bilateral contracts
  2. Unilateral contracts
  3. Offers to public at large
  4. Mere puff
  5. Invitation to treat
  6. Advertisements as offers
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4
Q

United Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd

A

Bilateral and unilateral offers`

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5
Q

s26B Electronic Transactions (Qld) Act 2001

A

Advertisements on the internet are generally not offers, but offers to treat

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6
Q

Smythe v Thomas

A

Internet auctions are a species of auction, and so are subject to similar rules, plus any terms and conditions of the auction site

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7
Q

Manufacturer’s Material Insurance Ltd v John H Boardman Insurance Brokers Pty Ltd

A

When determining if an advertisement is mere puff or an offer the test is what a reasonable person would think of it

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8
Q

Harvey v Facey

A

A supply of information is not an offer

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9
Q

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) LD

A

The display of an article together with its price constitutes an invitation to treat

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10
Q

Fisher v Bell

A

The display of an article together with its price constitutes an invitation to treat

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11
Q

Grainger & Son v Gough

A

Information in catalogues and circulars regarding items for sale and their price is only an invitation to treat, and placing an order constitutes an offer

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12
Q

Partridge v Chrittenden

A
  1. Information in catalogues and circulars regarding items for sale and their price is only an invitation to treat, and placing an order constitutes an offer
  2. Legislation may restrict or regulate the extent to which certain kinds of goods may be offered for sale
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13
Q

AGC (Advances) Ltd v McWhirter

A
  1. Auctions with a reserve - bids are offers

2. Auctions without a reserve - bids are offers

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14
Q

Warlow v Harrison

A

Auctions without a reserve - auctioneer contracts with highest bidder

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15
Q

Spencer v Harding

A

An advertisement for tender is an indication of a person’s readiness to receive offers

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16
Q

Harvela Investments Ltd v Royal Trust Company of Canada

A

If a person inviting tenders promises to accept the highest (or lowest) bid, then acceptance occurs when a person submits the tender that turns out to be the highest (or lowest) bid

17
Q

Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council

A

If a person inviting tenders indicates that there will be a particular tendering process, and does not follow this process, they could incur contractual liability

18
Q

The Great Northern Railway Co v Witham

A

A standing offer is accepted whenever an order is placed, and if the offeror does not provide the goods or services then they will be found in breach of contract

19
Q

Colonial Ammunition Co v Reid

A

The offeror may withdraw the offer at any time, and unless otherwise specified the offeree is under no obligation to accept

20
Q

Routledge v Grant

A

Ordinarily an offeror is able to withdraw an offer any time before acceptance, even if the offeror promises to keep the offer open for a period of time

21
Q

Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd

A
  1. Options - must be kept open

2. Failure of conditions - non-fulfilment means offer lapses

22
Q

Thornton v Shoe Lane Parking Ltd

A

The presence of an automatic vending machine ready to take money is considered an offer, and payment is considered acceptance. Once accepted, no more terms may be added

23
Q

MacRobertson Miller Airline Services v Commissioner of State Taxation

A

When the passenger has time to review the terms on the ticket, then the ticket is considered to be the offer. The passenger may accept the offer either by conduct (boarding) or by not returning it within a reasonable time

24
Q

Cole v Cottingham

A

In order for an offer to be legally effective it must be communicated to the offeree by the offeror or by an authorised third party

25
Q

Goldsbrough Mort & Co Ltd v Quinn

A

An offer can be withdrawn at any time before acceptance

26
Q

Dickinson v Dodds.

A
  1. An offer can be withdrawn even if the offeror has promised to keep the offer open for a period of time
  2. In order for a withdrawal to be valid it must be communicated to, and received by, the offeree
  3. When the offeror dies, and the offeree has knowledge of this death, then the offer might not be able to be accepted
27
Q

Byrne & Co v Leon Van Tien Hoven & Co

A

In order for a withdrawal to be valid it must be communicated to, and received by, the offeree

28
Q

Abbott v Lance

A

A unilateral contract cannot be withdrawn at any time. The offer cannot be withdrawn once the offeree has commenced acceptance of it

29
Q

Shuey v United States

A

If an offer was made to the public at large, it is impossible to communicate withdrawal to the whole world. The offeror should at least communicate the withdrawal through the same medium that they made the offer

30
Q

Stevenson Jacques & Co v McLean

A

Once an offeree rejects an offer, it is terminated and cannot then be accepted

31
Q

Hyde v Wrench

A

If an offeree responds to an offer by changing its terms, this amounts to a counter-offer by the offeree and acts as a rejection of the initial offer

32
Q

Ramsgate Victoria Hotel Co Ltd v Montefiore

A

An offeror can specify a time after which the offer lapses; after this time, the offer is no longer open and cannot be accepted. If there is no date or time, then the offer lapses within a ‘reasonable’ time after the offer has been mad

33
Q

Reynolds v Atherton

A

When the offeree dies before acceptance there ceases to be an offer at all

34
Q

Carter v Hyde

A

the right of the offeree to exercise the option passed to the offeree’s executors on the offeree’s death

Contracts 1 (2 decks)

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