Ways Offers Can End Flashcards
Including revocation, acceptance, and communication rules
What are the steps for acceptance?
Unconditional and before offer ends
Postal rules
Electronic rules
Silence
Conduct
Unilateral offers
What is acceptance?
There is an agreement/’meeting of the minds’
What are the postal rules?
Acceptance occurs when the letter is posted, revocation occurs when the letter is received
When do the postal rules apply?
1) Post is the usual/expected method of communication
2) The letter is properly addressed and stamped
3) The offeree can prove the letter was posted
Which case shows the postal rules?
Adams v Lindsell
What are the rules on electronic communication?
Acceptance occurs when the offeror is aware of the acceptance
Which case shows the rule on acceptance via electronic/instant means?
Lord Denning in Entores
Can an offer be accepted by silence?
I need to check my notes on this
Which case shows whether an offer can be accepted by silence?
Felthouse v Bindley
What is acceptance by conduct?
The job proceeds/money is paid
Which case shows acceptance by conduct?
Reveille v Anotech
How are unilateral offers accepted?
They complete their conditions of the conduct
Which case shows a unilateral offer being accepted?
Carlill v Carbolic Smoke Ball
What is revocation?
When the offeror rescinds the offer
Which case shows revocation?
Routledge v Grant (or Dickinson v Dodds)
What is rejection?
When the offeree doesn’t agree to the offer
Which case shows rejection?
Hyde v Wrench
What is the rule on an offer ending due to lapse of time?
If an offer has a fixed time, if it goes past that time, the offer ends.
If there is not a fixed time, the court will decide a reasonable time depending on the nature of the offer
Which case shows an offer ending due to lapse of time?
Ramsgate v Montefiore
What is the rule on an offer ending due to the offeree dying?
If the offeree dies, the contract ends immeditaely
What is the rule on an offer ending due to the offeror dying?
If the offeror dies, the offer ends when the offeree is aware of their death, but if it is a personal service offer, it ends immediately