Case Law

Question 1

Smith v Hughes

Answer 1

Intention to be bound by an offer is an objective test.

Question 2

Allied Marine Transport

Answer 2

The offeree must believe that the offeror actually intended to make the offer

Question 3

Boots Cash Chemist

Answer 3

Goods on display in supermarkets or self-service shops are generally regarded as ‘invitations to treat’ not offers

Question 4

Fisher v Bell

Answer 4

Confirmed Boots Cash Chemist

Question 5

Partridge v Crittenden

Answer 5

Advertisement is merely an ‘invitation to treat’ However, this is not always the case for sale advertisement

Question 6

Williams v Carwardine

Answer 6

A ‘sale offer’ represents an offer with the intention to be bound for the purposes of contract law

Question 7

Carhill v Carbolic Smoke Ball

Answer 7

An advert can represnt an ‘offer’ to the world and thus it may waive the need for communication of acceptance proor to a claim under it.

Question 8

Barry v Davies

Answer 8

if an auction is itemed without reserve there is a promise to sell to the highest bidder. By making the highest bid a peron is accepting the unilateral contract.

Question 9

Routledge v Grant

Answer 9

The promise to keep an offer open for a certain amount of time is NOT binding

Question 10

Byrne & co

Answer 10

Withdrawal of an offer by telegram was held to take effect only on receipt. Thus revocation requries the communication to be effective

Question 11

The Brimmes

Answer 11

The notice will be effective in work situations where it is reasonable to ecpect a member of staff to be able to to read a notice of revocation. Thus, if a notice arrives during work hours it is liekly to be effective from that point, even if it is only read later.

Question 12

Dickinson v Dodds

Answer 12

Revocation can be communicated by a reliable third party

Question 13

Smith v Hughes, Edward v Skywards

Answer 13

There is a rebuttable presumption that all commerical transactions will have the intention to form legal relations

Question 14

Hide v Wrench

Answer 14

A counter-offer immediately destroys the original offer.

Question 15

Stevenson v McClean

Answer 15

A request for information is not a counter-offer

Question 16

Entores

Answer 16

Acceptance must be communicated and communication requires that the message be received

Question 17

Holwell Security

Question 18

Household Fire

Answer 18

Lays out the postal rule which provides for the acceptance to occur at the point the letter is posted.