Offer & Acceptance cases

Question 1

Offer

Answer 1

1) a statement of terms upon which a person is prepared to be bound by a contract, it is made by the offeror to the offeree

Question 2

Invitation to treat

Answer 2

2) not an offer and so cannot be accepted, merely an indication that one person is willing to negotiate a contract. encouraging a bilateral offer from another

Question 3

O&A Checklist

Answer 3

1) define, B/U
2) I2T (A,D,A,I,T)
3) communicated
4) consideration
5) end (R,A,C-O,R,T,D,3)
6) accept & pr

Question 4

• bilateral: req both parties to do something clearly e.g money for goods
• of must be communicated to the offeree

Answer 4

Taylor v Laird

Question 5

-unilateral: req just offeror to do, no obligation on of to do anything e.g reward for lost cat

Answer 5

Carlill v Carbolic Smoke Ball

Question 6

I2T example: advertisement

Answer 6

Partridge v Crittenden

Question 7

I2T example: goods on display

Answer 7

Fisher v Bell

Question 8

I2T example: an auction with a reserve

Answer 8

British Car Auctions v Wright

Question 9

I2T example: giving information in response to a request e.g stating a price

Answer 9

Harvey v Facey

Question 10

I2Tender, classed as unilateral> I2T so lowest bid accepted and all tenders cons

Answer 10

Blackpool and Flyde Aero Club v Blackpool BC

Question 11

offer must remain open until a particular time, offeree must give consideration (e.g deposit)

Answer 11

Routledge v Grant

Question 12

offer can end through counter-offers

Answer 12

Hyde v Wrench

Question 13

• offer can end through revocation (withdrawal)
• postal rule (AvL)

Answer 13

Byrne v Van Tienhoven

Question 14

• offer can end through lapse of time (reasonable/4 months)
• also, through death of offeree (or offeror if its personal service, cleaner)

Answer 14

Ramsgate Victoria Hotel v Montefiore

Question 15

if revocation: must be communicated before accept through offeror/3rd party

Answer 15

Dickinson v Dodds

Question 16

if acceptance:

• must ‘mirror the offer’ (reflect exact w/o mod)
• be unconditional & communicated- positive conduct > silence.
• part method must be used if stipulated in off

Answer 16

Felthouse v Brindley

Question 17

• postal rule: where accept is communicated at time of posting, not when it is received
• also BvVT

Answer 17

Adams v Lindsell

Question 18

• pr: does not need to arrive but will not apply if mistake in posting
• also, can be excluded by the agreement of parties

Answer 18

Getreid v Contimar

Question 19

doesn’t apply to electronic methods, takes place when offeror receives it- law is unclear and exact time depend on sound business practice and r expectation of parties.

Answer 19

Brinkibon v Stahag Stahl

Question 20

1) a statement of terms upon which a person is prepared to be bound by a contract, it is made by the offeror to the offeree

Answer 20

Offer

Question 21

2) not an offer and so cannot be accepted, merely an indication that one person is willing to negotiate a contract. encouraging a bilateral offer from another

Answer 21

Invitation to treat

Question 22

Taylor v Laird

Answer 22

• bilateral: req both parties to do something clearly e.g money for goods
• of must be communicated to the offeree

Question 23

Carlill v Carbolic Smoke Ball

Answer 23

-unilateral: req just offeror to do, no obligation on of to do anything e.g reward for lost cat

Question 24

Partridge v Crittenden

Answer 24

I2T example: advertisement

Question 25

Fisher v Bell

Answer 25

I2T example: goods on display

Question 26

British Car Auctions v Wright

Answer 26

I2T example: an auction with a reserve

Question 27

Harvey v Facey

Answer 27

I2T example: giving information in response to a request e.g stating a price

Question 28

Blackpool and Flyde Aero Club v Blackpool BC

Answer 28

I2Tender, classed as unilateral\> I2T so lowest bid accepted and all tenders cons

Question 29

Routledge v Grant

Answer 29

offer must remain open until a particular time, offeree must give consideration (e.g deposit)

Question 30

Hyde v Wrench

Answer 30

offer can end through counter-offers

Question 31

Byrne v Van Tienhoven

Answer 31

- offer can end through revocation (withdrawal) - postal rule (AvL)

Question 32

Ramsgate Victoria Hotel v Montefiore

Answer 32

- offer can end through lapse of time (reasonable/4 months) - also, through death of offeree (or offeror if its personal service, cleaner)

Question 33

Dickinson v Dodds

Answer 33

if revocation: must be communicated before accept through offeror/3rd party

Question 34

Felthouse v Brindley

Answer 34

if acceptance: - must 'mirror the offer' (reflect exact w/o mod) - be unconditional & communicated- positive conduct \> silence. - part method must be used if stipulated in off

Question 35

Adams v Lindsell

Answer 35

- postal rule: where accept is communicated at time of posting, not when it is received - also BvVT

Question 36

Getreid v Contimar

Answer 36

- pr: does not need to arrive but will not apply if mistake in posting - also, can be excluded by the agreement of parties

Question 37

Brinkibon v Stahag Stahl

Answer 37

doesn't apply to electronic methods, takes place when offeror receives it- law is unclear and exact time depend on sound business practice and r expectation of parties.