Offers + Acceptance Flashcards

1
Q

What is an Offer?

A

A statement by a party or their willingness to contract on firm and definite terms
- Can be written, oral, or through conduct

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2
Q

What is a bilateral offer?

A

An offer made to specific/one individual

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3
Q

What is a Unilateral Offer?
- case?

A

An offer made to multiple/world in general
- Carlill v Carbolic Smoke Ball Company

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4
Q

What is an Invitation to Treat? (ITT)

A

Expression of Party’s willingness to enter negotiations
- Gibson v Manchester City Council

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5
Q

What are some examples of Invitations To Treat (ITT)

A
  • Advertisements (Partridge v Crittenden)
  • Goods in shop window (Fisher v Bell)
  • Lots at auctions (British car auctions v Wright)
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6
Q

How can offers end?

A
  • Revocation
  • Counter offers
  • Lapse of time
  • Rejection
  • Death
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7
Q

Explain Offer Revocation
- With cases

A

An offer withdrawn before acceptance

  • must be communicated to offeree (Byrne v Van Tienhoven
  • Cannot be revoked during acceptance (Errington v Errigton)
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8
Q

Explain Counter Offers
- With cases

A

Counter offers extinguish original offer
- Hyde v Wrench

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9
Q

Explain Offers and Death
- With cases

A

Death ends offer unless it can be performed by another person and the offeree is unaware of offerors death
- Bradbury v Morgan

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10
Q

Explain Offer Rejection

A

Rejection by Offeree ends the offer

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11
Q

Explain Offers and Lapse of Time
- With cases

A

If offer is open for specific time, it cant be accepted after time has elapsed

If no time is set, a reasonable time is implied
- Ramsgate Victoria Hotel v Montefiore

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12
Q

What is Acceptance?

A

The offeree accepting all of the terms put forward by the offeror. Once offer accepted, a contract is formed.

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13
Q

How is Acceptance done?
- with cases

A

Must be positive act
- Felthouse v Bradley

By conduct
- Carlill v Carbolic Smoke Ball

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14
Q

What is the Postal Rule?
- with cases

A

Acceptance takes place when letter is posted
- Adams v Lindell

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15
Q

Explain Electronic Acceptance communication methods
- with cases

A

Acceptance happens when offeror is aware of acceptance
- Entores v Miles Far East

Acceptance when message has been opened
- Brinkibon and Stahag Stahl

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