Cases Flashcards
(51 cards)
Offer can be revoked before acceptance.
Routledge v Grant
Revocation only works when received.
Byrne v Van Tienhoven
‘Battle of forms’ decided by last shot.
Butler Machine Tool v Ex-Cell-O
Acceptance must be as effective as the requested method.
Yates v Pulleyn
Counteroffer kills original offer.
Hyde v Wrench
Asking for info ≠ counteroffer.
Stevenson v McLean
Info request ≠ offer.
Harvey v Facey
Unilateral offer accepted by doing the act (no need to notify).
Carlill v Carbolic Smoke Ball
Postal rule: acceptance valid when posted.
Adams v Lindsell
Shop window = invitation to treat.
Fisher v Bell
Ads = invitation to treat.
Partridge v Crittenden
Offer must be communicated.
Bloom v American Swiss Watch
Duty of care to neighbor (snail in bottle).
Donoghue v Stevenson
3-part test for duty: foreseeability, proximity, fair.
Caparo v Dickman
Negligent misstatement liability if special relationship (unless disclaimed).
Hedley Byrne v Heller
No specific reference given, but fits Hedley Byrne—context limits duty.
James McNaughton v Hicks Anderson
No higher standard unless a professional.
Phillips v Whiteley
Learner driver held to standard driver care.
Nettleship v Weston
Doctor judged by other professionals’ standards.
Bolam v Friern Hospital
Company = separate legal person, even if one owner.
Salomon v Salomon
Offer must be clear.
Guthing v Lynn
Auction without reserve = contract with highest bidder.
Barry v Davies
Unilateral offer can’t be revoked after performance starts.
Errington v Errington
Offer lapses after reasonable time.
Ramsgate Hotel v Montefiore
