Offer and Acceptance

Question 1

RTS Flexible Systems

Answer 1

Established objective test to O&A

Contract didn’t meet formalities but was still enforceabld

Question 2

Hartog

Answer 2

Subjective test to O&A when one psrty knew that the other was mistaken

Question 3

Scriven

Answer 3

Subjective test to O&A when mistake was induced by one party

Question 4

Gibson

Answer 4

”The council may be prepared to sell the house” insufficient commitment, invitation to treat

FORMALISM

Question 5

Storer

Answer 5

”If you eill sign the agreement and return it to me, I will send you the agreement signed on behalf of the council in exchange” offer

Question 6

Fisher v Bell

Answer 6

Knifes in display, invitation to treat

Question 7

Partridge

Answer 7

Advertised wild birds for sale -> invitation to treat

Question 8

Carlill v Carbolic Smoke Ball Co

Answer 8

Advertisement can be interpreted to create a unilateral contract -> offer

Question 9

Harris v Nickerson

Answer 9

Auction = invitation to treat

Question 10

Barry v Davies

Answer 10

Auction offer when no reserve price

Question 11

Spencer v Harding

Answer 11

Tender is an invitation to treat

Question 12

Harvela Investments

Answer 12

Referential bid not valid

Question 13

Blackpool Aero Club

Answer 13

All tenders up to the deadline must be considered

REALISM

Question 14

Routledgd

Answer 14

Offer can be withdrawn anytime before acceptance

Question 15

Byrne v Van Tienhoven

Answer 15

Postal rule doesn’t apply to revocation

Question 16

Dickinson v Dodds

Answer 16

Communication of withdrawal can be done by 3rd party in bilateral contracts

Question 17

Errington v Errington

Answer 17

When unilateral contract is to a specific indicidual, acceptance is starting performance

Question 18

Gibbs

Answer 18

Mirror-image rule

Question 19

Stevenson v Mclean

Answer 19

Inquiry is not a counter-offer

Question 20

Entores v Miles Far East Corporation

Answer 20

Lord Denning: passing airplane -> acceptance must be heard

Postal rule does not apply to instant communications

Question 21

Felthouse v Brindley

Answer 21

Silence does not constitute acceptance

Question 22

Adam v Lindsell

Answer 22

Postal rule

Question 23

Household Insurance v Grant

Answer 23

Postal rule applies if letter gets lost

Question 24

Countess of Dunmore v Alexander (Scots.)

Answer 24

Once acceptance posted it cannot be revoked

Question 25

Holwell Securities v Hughes

Answer 25

Means of acceptance can be prescribed

Question 26

Butler Machine Tools

Answer 26

Whoever gets their terms in last wins the battle of forms as long as the other party doesn’t object