Offer, ITT, Acceptance

Question 1

Define offer

Answer 1

Statement of the terms upon which the person making the offer is willing to enter a contract. Can be written or verbal. It can be made to a person or the whole world at large
CARLIL

Question 2

Define ITT

Answer 2

An indication of a willingness to start negotiations and not an offer.

Question 3

ITT
Ad in newspaper or magazine

Case

Answer 3

POL: These are usually considered to be an ITT, NOT an offer.
PARTRIDGE V CRITTENDEN (used literal rule)

Question 4

ITT
Shop Window

Case

Answer 4

POL: Goods in a shop window is an ITT, not an offer.
FISHER BV BELL (literal rule)

Question 5

ITT
Self service shop

CASE

Answer 5

POL: ITT not offer
PHARMACEUTICAL SOCIETY OF GB V BOOTS CASH CHEMIST (literal rule)

Question 6

ITT
Auctions

Case

Answer 6

POL: The auctioneer makes an ITT and the bidders make an offer.
HARVEY V NICKERSON

Question 7

ITT
Giving information

Case

Answer 7

POL: Giving in to does not amount to an offer
HAREVY VF FACEY

Question 8

ITT
Uncertain terms

Case

Answer 8

POL: A statement is not an offer if the words used show uncertaintity as to whether there is willingness to make a contract
GIBSON V MANCGESRER CITY COUNCIL.

Question 9

Offer
Vending machines

Case

Answer 9

Vending machine makes the offer

THORTON V SHOE LANE PARKING

Question 10

Offer
Advertisements for UNILATERAL contacts

Case

Answer 10

• those offering a reward for the return of lost property
• info for arrest of criminal
  CARLILL V CARBOLIC SMOKE BALL CO.

Question 11

Exceptional rules which apply to unilateral contracts established in CARLILL.

Answer 11

1) If ad request performance of an act then ad will be an offer.

If ad includes a course of action then it’s likely to be an offer

Question 12

Communication of the offer

Answer 12

POL: An offer cannot be accepted unless the person who is seeking to accept it knows of its existence.

Question 13

Ending an offer
- Lapse of time

Case

Answer 13

POL: Some offers are made for a fixed period of time, most offers do not have any fixed time limit and so will come to an end after a REASONABLE time.
Reasonable depends on circumstances.

RAMSGATE VICTORIA HOTEL V MONTEFIORE

Question 14

Ending an offer
Revocation

Case

Answer 14

POL:
* A person who makes the offer can revoke at any time before acceptance.
* The person to whom the offer was ,are must receive notification of the withdrawal.
* The revocation must be made in a similar way to the offer.

ROUTLEDGE V GRANT

Question 15

DICKINSON V DODDS

Answer 15

POL: Revocation can be via a third party.

Question 16

ERRINGTON V ERRINGTON

Answer 16

POL: There can be no revocation once performance has begun.

Question 17

End of an offer
Rejection

Answer 17

POL: Once an offer is rejected it cannot be accepted, and the offer comes to an end.

POL: The rejection of the offer must be communicated.

Question 18

STEVENSON V STEVENSOM

Answer 18

POL: The rejection must be a clear rejection and not a request for more info.

Question 19

Counter offer

Case

Answer 19

POL: Both rejects original offer and creates a new offer. Has to be effectively communicated.

HYDE V WRENCH

Question 20

Death of the offeror

Answer 20

BRADBURY V MORGAN

The offer lapses and cannot be accepted after the offerees death by his representative

Question 21

Define acceptance

Answer 21

The acceptance has to be positive and unqualified.

Question 22

Acceptance can be by:

Answer 22

Words - said or written
Conduct - in general silence cannot be acceptance, some positive act is needed.
Unilateral Contracts - accepted by conduct

Question 23

Acceptance POL

Answer 23

Must be communicated to the person making the offer.

Question 24

Specific methods of acceptance

When is it not allowed?

Answer 24

POL: If an offeror states that his offer must be accepted in a particular way then only acceptance by that method will be binding.

TIN V HOFFMAN.

Where specific method has been included to benefit offeree, not obliged to accept that way.

YATES V PULLEYN

Question 25

Methods of communication of acceptance.

1) Conduct

Answer 25

In general silence or inaction cannot be acceptance, positive act needed
FELTHOUSE V BINDLEY

Positive conduct can be acceptance.
CARLILL V CARBOLIC SMOKE BALL.

Question 26

Methods of communication of acceptance.

Communication of acceptance by post / The Postal Rule

Answer 26

• only apply to letters of acceptance.
• the postal rules only apply if the post is the usual method of communication or stated as the only way.
• Acceptance takes place when a correctly stamped and addressed letter is posted, if not correctly addressed and stamped then acceptance will take place when it arrives
• claimant must be able to prove the letter was posted

ADAMS V LINDSELL

Question 27

Exceptions of the postal rule

Answer 27

POL: An offeror may avoid the postal rule by making it a term of their offer that acceptance will only take effect when it is communicated to him.

HOLWELL SECURITIES V HUGHES

Question 28

Electronically and instantaneous forms of communication ?

Answer 28

ENTORES V MILES FAR EAST CORPORATION
POL: Acceptance by telephone took place when it was received not sent.

BRINKIBON
Instantaneous communication takes effect at the time when the offeror is could reasonably have expected to read it.

MONDIAL SHIPPING & CHARTERING
If communication is a business and arrives out of office hours, will be communicated by next working day.