CL1

Question 1

Unilateral contract components + auth?

Answer 1

Prescribed act + intention to be bound; Carlill v Carbolic Smoke Ball Co

Question 2

How to determine intention? auth?

Answer 2

Objective approach - reasonable man; Smith v Hughes

Question 3

Objective approach to determining intention, auth?

Answer 3

Smith v Hughes

Question 4

Words or conduct provide evidence of objective intention, auth?

Answer 4

RTS Flexible Systems v Molkwewi Alois Muller: Business context

Question 5

“Snap up” an offer, auth?

Answer 5

Hartog v Colin Shields

Question 6

What constitutes an offer? academic auth?

Answer 6

Treitel: expression of willingness to contract on certain terms with intent to become bound upon acceptance.

(1) Clear and certain; and (2) requisite intention to be bound

Question 7

Lack of clarity and certainty because words expressed possibility, auth?

Answer 7

Gibson v Manchester City Council

Question 8

Clarity and certainty because definitive language was used, auth?

Answer 8

Storer v Manchester City Council

Question 9

“intention is to be found only in the outward expression which his letters convey”, who and case?

Answer 9

Denning on determining intention in Storer v Manchester CC

Question 10

Difference between offer and invitation to treat?

Answer 10

If offer made, then offeror is contractually bound by terms of offer in event of unconditional acceptance.

If ITT, then first step of negotiations which may/may not lead to firm offer.

Question 11

Advertisements are ITTs auth?

Answer 11

Partridge v Crittenden

Question 12

Auctioneer’s advert is ITT auth?

Answer 12

Harris v Nickerson

Question 13

Price list is ITT auth?

Answer 13

Grainger & Son v Gough

Question 14

Whose obiter dictum re: manufacturers bound by price list?

Answer 14

Lord Parker CJ in Partridge v Crittenden

Question 15

Newspaper advert deemed unilateral offer, auth?

Answer 15

Lefkowitz v Great Minneapolis Surplus Store

Question 16

Good in shop window = ITT, auth?

Answer 16

Fisher v Bell

Question 17

Goods displayed on shelf in self-service store = ITT, auth?

Answer 17

Pharmaceutical society of GB v Boots Cash Chemists

Question 18

Request for tender, def? offer or ITT?

Answer 18

Negotiating device whereby party wishes to purchase X. Invites tenders from possible suppliers. Treated as ITT

Question 19

Must highest bid in tender be accepted? Answer + auth?

Answer 19

Not unless acceptance of highest bid is specified in request for tender.

Spencer v Harding

Question 20

Request for tender where specified highest bid would be accepted –> obligation to sell; auth?

Answer 20

Harvey Investments Ltd v Royal Trust Co of Canada

Question 21

Obligation to consider bids where failure is on tenderer’s part, auth?

Answer 21

Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council

Question 22

In auction, bid = offer; and hammer = acceptance, auth?

Answer 22

Payne v Cave

Question 23

Auction “without reserve” –> (1) second unilateral contract between auctioneer and highest bidder; + (2) not selling = breach, auth?

Answer 23

Barry v Davies (Heathcote Ball & Co)

Question 24

Counter-offer rejects the original offer, so cannot be accepted after, auth?

Answer 24

Hyde v Wrench

Question 25

"battle of the forms", auth?

Answer 25

Butler Machine Tool Co v Ex-cell-o Corp

Question 26

Counter-offer =/= request for further info, auth?

Answer 26

Stevenson, Jacques & Co v McLean

Question 27

Passage of time: June-Nov in share purchase --> lapse, aut

Answer 27

Ramsgate victoria hotel co v Montefiore

Question 28

If offeree knows of offeror death, then offer lapses, otherwise probably won't lapse, auth?

Answer 28

Bradbury v Morgan

Question 29

If offeree dies, then offer will lapse, auth?

Answer 29

Duff's executors case

Question 30

Solicitor's authority to accept on behalf terminates on death, auth?

Answer 30

Kennedy v Thomassen

Question 31

Termination of offer by non-fulfilment of condition (implicit term re: same condition car), auth?

Answer 31

Financings Ltd v Stimson

Question 32

Before auctioneer's fall of hammer, Revocation of offer = ok, auth?

Answer 32

Payne v Cave

Question 33

Can revoke offer, even if term for acceptance is specified, auth?

Answer 33

Routledge v Grant

Question 34

Revocation only from communication, auth?

Answer 34

Byrne v Van Tienhoven

Question 35

Third party communication of offer revocation = OK, auth?

Answer 35

Dickinson v Dodds

Question 36

Criticism of third party communication of revocation, scholar? reason?

Answer 36

Treitel; offeree must judge third party's reliability

Question 37

Revocation of unilateral offer at any time before completion (york walk), auth?

Answer 37

Great Northern Railway Company v Witham

Question 38

Unilateral offerer bound from time at which performance begins, auth?

Answer 38

Errington v Errington & Woods

Question 39

In unilateral offer, implied obligation that offerer will not prevent conditions for acceptance, auth?

Answer 39

Daulia v Four Mill Bank Nomineees

Question 40

Revocation of unilateral offer to world must should have same notoriety, auth?

Answer 40

Shuey v United States