CL2

Question 1

Valid acceptance only by offeree; offer cannot be accepted by completing act in ignorance of offer, auth?

Answer 1

Boulton v Jones

Question 2

Must be acting on faith, or on reliance of, offer –> valid acceptance, auth?

Answer 2

R v Clarke

Question 3

Knowledge of offer, but different motive still –> valid acceptance, auth?

Answer 3

Gibbons v Proctor

Question 4

Only first person can typically claim reward, auth?

Answer 4

Lancaster v Walsh

Question 5

“Mirror Image Rule”? What is? Auth?

Answer 5

Acceptance must be unqualified and correspond exactly to offer’s terms; Hyde v Wrench

Question 6

for prescribed mode of acceptance: (1) mandatory language; and (2) exclusion of other forms of communication, auth?

Answer 6

Manchester Diocesan Council for Education v Commercial and General Investments

Question 7

Mode of acceptance which is: (1) in accordance with reason prescription; or failing that (2) “equally expeditious”. auth?

Answer 7

Tinn v Hoffman

Question 8

If method of acceptance prescribed was for offeree’s benefit, then it can be waived (provided no disadvantage), auth?

Answer 8

Yates Building Co. Ltd v Pulleyn

Question 9

Silence cannot constitute acceptance, auth?

Answer 9

Felthouse v Bindley

Question 10

Third party acceptance is sufficient where: (1) authority; and (2) irrevocable decision

Answer 10

Powell v Lee

Question 11

Postal rule, auth?

Answer 11

Adams v Lindsell

Question 12

Not properly posted if given to postman authorised only for delivery, auth?

Answer 12

Re London and Northern Bank, ex p. Jones

Question 13

Postal rule is unaffected by delay or lost in post, auth?

Answer 13

Household fire insurance v Grant

Question 14

Postal rule only where reasonable to use post (telegram counteroffer), auth?

Answer 14

Quenerduaine v Cole

Question 15

Postal rule displacement by offeree’s carelessness, auth?

Answer 15

Gertreide-Import Gesellschaft v Contimar

Question 16

Revocation of offer must be received, auth

Answer 16

Byrne v Van Tienhoven

Question 17

E.g. of postal rule - revocation posted before, but received after acceptance posted, auth?

Answer 17

Henthorn v Fraser

Question 18

Avoidance of postal rule: “your answer by post is only to bind if it reaches me”, auth?

Answer 18

Household Fire Insurance v Grant

Question 19

In scotland, posted acceptance cannot be revoked, auth?

Answer 19

Thomson v James

Question 20

Instantaneous means: Acceptance upon available to the offeror, auth?

Answer 20

Entores v Miles Far East Corp

Question 21

Instantaneous means: If acceptance, but for offeror’s negligence, then contract will be found, auth? eg?

Answer 21

Entores v Miles Far East Corp

E.g. - line goes quiet or fax machine out of ink.

Question 22

Instantaneous means: If acceptance from L to V, then acceptance in V, auth?

Answer 22

Brinkibon v Stahag Stahl

Question 23

Instantaneous means: No universal rule, but decided with reference to - (i) parties intentional (ii) sound business practices, and (iii) where risk should like, auth?

Answer 23

Brinkibon v Stahag Stahl

Question 24

Office hours: Effective when received during office hours (recognises negligence and reasonable assumptions), auth?

Answer 24

The Brimnes

Question 25

Office hours: Telex late on Friday held as received on start of business Monday, auth?

Answer 25

Mondial Shipping and Chartering v Astarte Shipping

Question 26

Office hours: Email at 6pm, but (i) context of parties past communications; and (ii) knowledge that transaction could have been completed that evening, so accepted at 6.

Answer 26

Thomas v BPE Solicitors

Question 27

Postal rule doesn't apply to email. Acceptance upon available to receiver, auth?

Answer 27

Thomas v BPE Solicitors (postal rule principle)

Question 28

Communication waived for unilateral contracts, auth?

Answer 28

Carlill v Carbolic Smoke Ball