Points of Law Flashcards
There has to be a clear offer or it cannot be accepted.
Gibson v Manchester City Council (1979)
Goods on display in store are an invitation to treat. The customer makes the offer to the shop who can accept or reject it.
Pharmaceutical Society of Great Britain (PSGB) v Boots (1953)
Goods on display in a shop window are an invitation to treat.
(Same usually applies for websites)
Fisher v Bell (1961)
Advertisements are an invitation to treat.
Partridge v Crittenden (1968)
Advertisements, when made in clear and specific terms, can be treated as offers.
Carlill v Carbolic Smoke Ball Co. (1893)
Tenders are I2T, unless specific performance is indicated (eg. Highest bid wins)
Spencer v Harding (1870)
You cannot have referential tenders.
(Cannot bid £1 higher that the next highest offer)
Harvela Investments v Royal Trust of Canada. (1985)
Requests for information are not offers.
Harvey v Facey (1893)
The offer must be communicated before it can be accepted.
Bloom v American Swift Watch Co (1915)
You must be responding to the offer to be able to accept it.
R v Clarke (1927)
You can accept an offer by action.
Brogden v Metropolitan Railway Company (1877)
Where a time limit is specified in the offer, acceptance must take place within that limit. Where no time limit is specified the offer will lapse after a ‘reasonable time’.
Ramsgate v Montefiore (1866)
A counter-offer acts as a rejection of the original offer.
Hyde v Wrench (1840)
Inquiries seeking clarification or information about the terms of the original offer may not terminate the offer itself.
Stevenson v McLean (1880)
Revocation of an offer is only effective when it has been received.
Byrne v Van Tienhoven (1880)
Although revocation must be communicated it can still be effective if it arrives within office hours and is simply not read.
The Brimnes (1974)
An offer can be withdrawn at any time before acceptance and that withdrawal can be communicated by a third party.
Dickinson v Dodds (1876)
When the offeree has started performance of the act, they are to be given a reasonable period of time to complete the act.
Errington v Errington (1952)
Offers to the world must be revoked in the same method and with the same notoriety as the original offer.
Shuey v US (1875)
Silence or the offerees mere intention to accept is not sufficient for contract formation; the acceptance must be made known to the offeror.
Felthouse v Bindley (1862)
Where an offer states that it can only be accepted in a certain way, (i.e. fax, post, or at a particular place etc.) the acceptance will only be valid if it is made that way.
Yates Building v Pulleyn (1975)
Parties can exclude the postal rule in their contract if they wish to do so.
Howell v Hughes (1974)
Acceptance through instantaneous communication (like telex or email), the acceptance is effective when it is received and read by the offeror during their normal business hours.
Brinkibon Ltd v Stahag Stahl (1983)
The last set of terms provided before contract formation will be considered the terms of the contract.
Butler Machine Tools v Ex Cell O Corp (1979)
A promise to preform an existing contractual obligation can be enforceable if the promise provides a practical benefit to the promisor.
Williams ve Roffey (1990)
Performance of an existing contractual duty, without additional value or consideration, cannot be the basis for creating a new contract.
Stilk v Myrick (1809)
If there is a significant extra performance then the original contract is discharged and a new contract formed with valid consideration.
Hartley v Ponsonby (1857)
