Test: offer and acceptance (contract) Flashcards
Ending offers, first 3
Acceptance
Rejection
Death
Counter offer ends when a new one is created
Hyde v Wrench
Once reasonable time has been lapsed offer can no longer be accepted
Ramsgate Hotel v Montefiore
Revoke an offer as long as it is communicated and there had not already acceptance
Routkedge v Grant
Reliable third party
Dickenson v Dodds
Revocation has to be communicsted to be effective
Byrne v Tan Tienhoven
Define offer
Firm indication of the terms on which the offeror is willing to be bound
Displays of goods in shop is an invitation not an offer
Fisher v Bell, PSGB v Boots
Wording was not clear enough to be an offer
Gibson v MCC
Advertisements are Invitations
Partridge v Cittenden
Request for information is not an offer
Harvey v Facey
Advert was clear in its terms so was an offer
Carlil v CSB
Define Acceptance
Must be all of the terms in the offer
Offeror can specify acceptance method if not any suitable one is fine
Yates v Pullin
Terms were enough that performing conduct was enough
Carlil v CSB
Silence or inactivity is not acceptance
Felthouse v Bindley
Postal rule
Adams v Lindsell
Offer might have to be received if a party says they must receive the letter
Holwell v Hughes
Instant messages must be received
Entores v Middle east
Messages left during office hours are effective when they are left
Brinkibon
Article 11
Acceptance will be received and effective when the parties to whom they are addressed are able to access them