Formation of contract

Question 1

how is consensus in idem assessed (2 cases)

Answer 1

• robertson v anderson - it does not matter what subjective intentions were
• Muirhead Turnbull v Dickson - not to do with individual thoughts only what has been objectively agreed to based on what has been said

Question 2

authority for the fact that offer and acceptance terms have to coincide

Answer 2

Mathieson Gee v Quigley

Question 3

how do you determine the difference between offer and invitation to treat

Answer 3

• Carlill v Carbolic smoke ball = sufficiently specific to be an offer rather than an invitation to treat
• Grainger v Gough = look at the function of the communication

Question 4

explain locus poenitentiae

Answer 4

right to withdraw offer up until acceptance

Question 5

what is a firm offer and what does it mean for revocation

Answer 5

Littlejohn v Hadwen - cant close offer if you have promised to keep it open

Question 6

what is the communication requirement for withdrawing offers

Answer 6

• Burnley v Alford
• can be withdrawn if the offeror has done everything they could to communicate the withdrawal

Question 7

what happens when a counter offer is made

Answer 7

the original offer is struck down

Question 8

what does a lapse of an offer mean

Answer 8

Heys v Kimball - it cannot be accepted if there has been a time limit

Question 9

when may an offer lapse through a reasonable time and how may a reasonable time be determined

Answer 9

• Wylie v McElroy - the offer will lapse after a reasonable time
• Wylie: market conditions
• Dunlop and Wilson v Higgins: trade practice

Question 10

what constitutes an acceptance

Answer 10

May & Butcher v The King: all the essentials are settled

Question 11

what is the general rule of acceptance through writing

Answer 11

Holwell v Hughes - will be the same mode as offer

Question 12

authorities that acceptance can be through conduct

Answer 12

• University of Edinburgh v Onifade
• carlill v Carbolic smoke ball

Question 13

what are the exceptions to essential terms having to be agreed for a contract to be formed

Answer 13

• Avintair v Ryder airlines - performance has already begun
• R&J Dempster - maket conditions

Question 14

what is the authority for a counter offer striking down the initial offer

Answer 14

Wolf and Wolf v Forfar potato co

Question 15

what is the authority for two offers being able to be on the table at once

Answer 15

Findlater v Maan