Offer And Acceptance

Question 1

Léonard v pepsi co

Answer 1

Invitation to treat

Question 2

Unilateral offer

Answer 2

Carlil v carbolic smoke ball

Freeman v General Motors
— plaintiff- diffulty with repayments of car
— wrote to defendant company — «what kind of deal can we come up with?”

held- NOT an offer

ads—- not an offer—- invitation to treat

Question 3

Unilateral — billings v Arnott

Answer 3

Defendant —posted notice - employees joined defence force- offer to boost salary

Plaintiff joined defence force and tried to enforceability

They had to pay up

Question 4

Acceptance

Answer 4

Must be final and unequivocal

Oral or by gesture

Must be communicated

Question 5

Termination of offer

Answer 5

Rejection
Revocation
Lapse of time
Death

Question 6

Revocation : Dickson v Dodds

Answer 6

Dodds- offer to sell house- for agreed sum to Dickinson

Offer— to remain open till Friday
Thursday- Dickson learned from a man—- named Barry

That home had been sold- to 3rd party

Held— constituted offeror’s revocation

Question 7

Lapse of time

Answer 7

Acceptance must take place within- reasonable time period

Lynch v gov of st Vincent hospital

Contract of renewal of employment
Issues in February
Not accepted until December

Re Whelan

Died in April
Bank did not know until nov
Account not closed until Jan
Bank sued for balances due

Question 8

Consideration - required for enforceable contract

Answer 8

Requirement of sufficiency and adequacy

Thomas v Thomas
Widow— paid rent £1 per annum
Despite market value higher— court held — still constituted consideration

Question 9

O’Neill v Murphy — consideration insufficient

Answer 9

Prayers in return for builder work on buildings

Question 10

Public duty - insufficient consideration

Answer 10

England v Davidson

Police - not entitled to reward for capture of felon

Question 11

Contractual duty

Answer 11

Performance of already existing contractual duty- not regarded as consideration

Stilk v Myrick

Crew of ship- voyage to london and Baltic

Divide pay of 2 soldiers that deserted—amongst other soldiers IF they sailed back to london without sailors being replaced

Captain refused to pay extra monies promised

Held— already contracted to undertake voyage

Question 12

Invitation to treat -

freeman v General Motors

Answer 12

• plaintiff — difficulty- with repayments for a car
  — wrote to defendant company — “what kind of deal can we come up with ?”

— held— not an offer
Rule—display of goods— not an offer

Question 13

Termination of offer - 4 ways

Answer 13

Rejection

Revocation - Dickson v Dodds

-revocation — Dickson v Dodds

Lapse of time - lynch v gov of st Vincent’s hospital

Death - re whelan

Question 14

Acceptance INVALID— without intention to accept

Answer 14

Parkgrange investments v shandon park mills

Seller had not signed with intention of accepting offer— signed for purpose of getting CAPITAL GAINS TAX CERTIFICATE

In the event that sale did not go ahead

Question 15

Postal rule - Adam v lindsell

Answer 15

Contract complete

When offered offered puts letter of acceptance into letter box

Question 16

Death of offeree- Re Irvine

Answer 16

Father- received offer— to purchase some of his land —-accepted — died few hours later

Before death—- asked son to post his acceptance to purchasers solicitor

Question 17

Rule of acceptance

Answer 17

1) fact of acceptance ( intention to accept ) ( parkgrange investemtbs v shandon park mills

2) communication of acceptance