Offer & Acceptance

Question 1

Advert is invitation to treat, not offer

Answer 1

Partirdge v Crittenden

Question 2

Display/advert nay be an offer

Answer 2

Chapelton v Barry UDC

Question 3

Advert can be offer of unilateral contract

Answer 3

Carlill v Carbolic Smoke Ball

Question 4

Rules of offer an acceptable applied with caution to land

Answer 4

Harvey v Facey and Gibson v Manchester CC

Question 5

Auction advert is unilateral offer, highest bid is acceptance

Answer 5

Warlow v Harrison, confirmed by Barry v Davies

Question 6

For policy reasons, no contract if advertised goods are withdrawn from auction

Answer 6

Harris v Nickerson

Question 7

Invitation to tender, without statement that highest bid will be accepted, not an offer.

Answer 7

Spencer v Harding

Question 8

If statement that highest bid will be accepted, invitation to tender will be unilateral offer, and fixed price bid highest offer. Referential bid invalid

Answer 8

Harvela Investments v Royal Trust of Canada

Question 9

Invitation to submit tender an offer of unilateral contract, duty to consider all tenders submitted before the deadline

Answer 9

Blackpool and Fylde Aeroclub v Blackpool BC

Question 10

Original offer is terminated by counter offer

Answer 10

Hyde v Wrench

Question 11

Request for more details not a counter offer

Answer 11

Stevenson, Jaques and Co v McLean

Question 12

Last shot in battle of the forms wins

Answer 12

Brogen v Metropolitan Railway, BRS v Arthur Crutchley

Question 13

Last shot can defeat common intention for whose terms govern

Answer 13

Tekdata Interconnections v Amphenol

Question 14

Offer can be withdrawn as long as it is not accepted

Answer 14

Routledge v Grant

Question 15

Offer cannot be withdrawn if offeree has offer has been converted into an option

Answer 15

Mountford v Scott

Question 16

Withdrawal of offer must be communicated

Answer 16

Byrne and Co v Van Tienhoven

Question 17

Offer can be withdrawn, even if communicated by third party

Answer 17

Dickinson v Dodds

Question 18

Withdrawal of unilateral offer does not require everyone to be made aware of withdrawal

Answer 18

Shuey v United States

Question 19

Offer may lapse because of time

Answer 19

Ramsgate Victoria Hotel v Montefiore

Question 20

Acceptor must know what offer is for acceptance

Answer 20

Williams v Carwardine, but can be acceptance if intial ignorance per Gibbons v Proctor

Question 21

Identical cross offers are not acceptance

Answer 21

Tinn v Hoffman

Question 22

Strict rule: Acceptance of unilateral contract only when condition is fully performed

Answer 22

Luxor v Cooper

Question 23

Part performance can amount to acceptance of unilateral contract

Answer 23

Errington v Errington

Question 24

Implied obligation of offeror not to prevent condition from being satisfied, once offeree has embarked on performance, too late for unilateral offer to be revoked

Answer 24

Daulia v Four Milbank Nominees, per Goff LJ

Question 25

Acceptance of unilateral contract by conduct

Answer 25

Carlill v Carbolic Smokeball Co

Question 26

Placing order on terms of counter offer is acceptance by conduct

Answer 26

Brogden v Metropolitan Railway Co

Question 27

Acting on letter suggesting that contract will be agreed not acceptance by conduct

Answer 27

British Steel Co v Cleveland Bridge and Engineering Co

Question 28

Silence does not amount to acceptance

Answer 28

The Leonidas D

Question 29

Silence can be acceptance in some circumstances (silence to repudiation)

Answer 29

Vitol SA v Norelf

Question 30

Silence may be acceptance if offeree suggests that, if he does not indicate to the contrary, he has accepted

Answer 30

Re Selectmove

Question 31

Silence can be acceptance if acceptance is unnecessary (creation of bonus pool by bank)

Answer 31

Dresdner Kleinworth v Attrill

Question 32

If offeror states method of acceptance, will be bound by that condition

Answer 32

Manchester Diocesan Council for Education v Commercial and General Investments

Question 33

If normal method of acceptance achieves it in way that is equal to or better than specified mode, it is valid

Answer 33

Elliason v Henshaw

Question 34

Postal Rule

Answer 34

Dunlop v Higgins

Question 35

Posted letter takes effect even if not received

Answer 35

Household Fire Insurance Co v Grant

Question 36

Postal acceptance takes effect if posted before withdrawal received

Answer 36

Henthorn v Fraser

Question 37

Acceptance by "notice in writing" means it must be communicated to offeror, not just posted

Answer 37

Holwell Securities v Hughes

Question 38

Postal rule does not apply when its "application would produce manifest inconvenience or absurdity"

Answer 38

Lauton LJ, Holwell Securities v Hughes

Question 39

Postal rule does not apply if acceptance is misdirected

Answer 39

LJ Korbetis v Transgrain Shipping BV

Question 40

Offeree must receive revocation by post

Answer 40

Byrne and Co v Van Tienhoven

Question 41

For non-postal communication, acceptance when it is received

Answer 41

Entores v Miles Far East Corporation - (telex sent from Holland to London)

Question 42

Communication received within office hours counts as acceptance

Answer 42

The Brimnes

Question 43

Lord Denning's examples of acceptance

Answer 43

Entores v Miles Far East Corporation

Question 44

If it is the fault of the offeror that acceptance is not received, the communication may still be valid.

Answer 44

Brinkibon v Stahag Stahl

Question 45

Email not subject to postal rule

Answer 45

Greenclose v National Westminster Bank

Question 46

Incomplete agreement, or failure to fulfill a condition, means contract is not binding until completed

Answer 46

Winn v Bull

Question 47

Presumption that deferred agreements postpone binding legal relations until conclusion of contract

Answer 47

Chillingworth v Esche

Question 48

A "provisional" agreement can be binding

Answer 48

Branca v Cabarro

Question 49

Presumption of incompleteness can be rebutted by exceptional facts

Answer 49

Alpenstow v Regalian Properties

Question 50

Pre-emptive agreements are not binding (uncertain)

Answer 50

Watford v Miles

Question 51

Vague agreements not binding

Answer 51

Scammell and Nephew v Outson

Question 52

Courts strive to cure vagueness and uncertainty (i.e. Price)

Answer 52

Foley v Classique Coaches

Question 53

Limit to how far courts will cure vagueness, example of price

Answer 53

May and Butcher v the King

Question 54

Meaningless expressions can be cut from contract

Answer 54

Nicolene v Simmonds

Question 55

Presumption in social or domestic agreements against intention to create legal relations

Answer 55

Balfour v Balfour

Question 56

Dissenting dicta that spouses can have intention to create legal relations

Answer 56

Pettit v Pettit, per Lord Diplock

Question 57

Husband and wife not living in amity can result in legal relations

Answer 57

Merritt v Merritt

Question 58

Presumption in commercial agreement of intention to create legal relations

Answer 58

Edmonds v Lawson

Question 59

Express stipulation to contrary can defeat presumption of creation of legal relations in commercial agreement

Answer 59

Rose and Frank Co v Crompton and Brothers