Essential Requirements Of A Contact Flashcards
(29 cards)
Case for an offer?
Carlil v carbolic smoke ball
Does an offer have to be communicated?
Yes felthouse v bindley
Is there a difference between and offer and an invitation to treat
Yes invitation to treat cannot be the foundation of a contract, an offer has to be made. Itt is an invitation to make an offer
Do the terms of the offer have to be certain when the offer is made?
Yes guthling v lynn
Can an offer be withdrawn any time before it has been accepted?
Yes routledge v grant
Can withdrawal happen without the offeree or offeror knowing?
No withdrawal must be communicated bryne v van tienhoven
Can withdrawal be communicated by a third party?
Yes third party has to be reliable Dickenson v Dodds
How might an offer be terminated?
Acceptance Death Lapse of time Counter offer Rejection Failure of conditions Revocation
Case for counter offer
Hyde v wrench
Case for request for further information
Stevenson v McLean
Case for lapse of time
Ramsgate Victoria hotels v Montefiore
Case for failure of conditions
Financing ltd v Stimson
Case for death
Bradbury v Morgan
Dickenson v Dodds
Can acceptance be conditional
No it has to be unconditional
Does acceptance have to be communicated to the offeror
Yes, Felthouse v Bindley
Can the offeree be unaware of the existence of the offer?
No they have to be aware
Inland revenue commissioners v fry
Can communication of the acceptance be made by an unauthorised person?
No they have to be authorised
Powell v Lee
Does the method of acceptance matter?
Yes, if a method of acceptance is specified in the offer it must be complied with
Yates building co v pulleyn
What is a battle of forms and what is the case
The last offer made that was accepted is the offer they go by, usually acceptance by conduct eg delivering goods or paying while the contract hasn’t been accepted
Butler machine tool v ex-cell-o corp ltd
When is acceptance valid for instant forms of communication
Once it is received
Cases for instantaneous methods of communication
Brinkibon v Stahag Stahl
Entores v miles far east
What did the UK enact to formalise acceptance by electronic means and to offer consumers and sellers protection and clarity
Implementing Distance Selling EU Directive 97/7 the UK enacted Consumer Protection (Distance Selling) Regulations 2000
How long a “cooling off period” does the Consumer Protection (Distance Selling) Regulations 2000 and what are the exceptions
14 days so long as there has been no face to face contact between the buyer and seller
Exclusions:
Contracts for the sale of land
Purchase of something from a vending machine
Contracts for sports and leisure
Contracts to supply food for everyday consumption
Can acceptance be made by a conduct?
Yes carlil v carbolic smoke ball company
