Cases top 31 Flashcards
(32 cards)
EU law beats conflicting national law.
Costa v ENEL
Offer must be clear.
Guthing v Lynn
Offer must be communicated.
Bloom v American Swiss Watch
Info request ≠ offer.
Harvey v Facey
Shelf display = invitation to treat.
Pharmaceutical Society v Boots
Shop window = invitation to treat.
Fisher v Bell
Ads = invitation to treat.
Partridge v Crittenden
Tenders must be considered if promised.
Blackpool Aero Club v Blackpool BC
Auction without reserve = contract with highest bidder.
Barry v Davies
Offer can be revoked before acceptance.
Routledge v Grant
Revocation only works when received.
Byrne v Van Tienhoven
Unilateral offer can’t be revoked after performance starts.
Errington v Errington
Offer lapses after reasonable time.
Ramsgate Hotel v Montefiore
Counteroffer kills original offer.
Hyde v Wrench
Asking for info ≠ counteroffer.
Stevenson v McLean
Unilateral offer accepted by doing the act (no need to notify).
Carlill v Carbolic Smoke Ball
‘Battle of forms’ decided by last shot.
Butler v Ex-Cell-O
Instant acceptance valid when received.
Entores v Miles Far East
Instant comm. valid on receipt, court checks context.
Brinkibon v Stahag Stahl
Acceptance must be as effective as the requested method.
Yates v Pulleyn
Silence ≠ acceptance.
Felthouse v Bindley
Postal rule: acceptance valid when posted.
Adams v Lindsell
Even if post lost, contract formed on posting.
Household Fire v Grant
If offer says “must be received”, postal rule doesn’t apply.
Holwell v Hughes
