offer and acceptance Flashcards
(21 cards)
are invitations to treat legally binding
no
decision in Gibson v MCC?
court said mcc’s wording wasnt clear enough to be an ofer so g wasnt accepting anything in his offer
mcc were inviting g to make them an offer of price, so it was g’s letter that was the offer
fisher v bell?
shop displays in windows are invitations
PSGB v Boots?
shop displays on shelves are invitations
carlill v CSB?
offer was so clear so capable of being an pffer
Harvey v Facey?
court held that requests for information and the answers to these requests arent offers
whats a bilateral contract
most common
both parties have an obligation and have to do something
whats an unilateral contract
only one party has an obligation
usually in reward/contest situations and are considered offers to the world that can be accepted by preformance
once an offer has been made, it only ends with what 6 things
acceptance
rejection
death
counter offer
lapse of time
revocation
hyde v wrench?
counter offer ends the orignal offer and creates a new one
past offers cant be accpered unless both parties agree
ramsgate hotel v montefiore?
offer lapsed after 5 months, bc it was reasonable to assume that circumstances had changed
routledge v grant
revocation can be done even if the offer was meant to be open for a particular time, as long as the revocation was communicated and there hasnt been acceptance
dickenson v dodds?
revocation can be through a reliable third party
Yates v pullen?
if an offeror suggests a mode of communication, then other methods can still work.
if no method is specified, any reasonable communication form can be used
Felthouse v Bindley
silence or inactivity is not acceptance.
acceptance must be communicated to the offeror
Adams v Lindsell?
posting a letter of acceptance is effective when the letter is posted (post box)
doesnt have to be recieved
Bryne v Van Tienhoven
revocation of an offer is not effective until it is communicated to the offeree.
Holwell v Hughes?
if party requests a ‘notice in writing’ of an acceptance , the court interprets this as the letter has to be actually recieved by the offeror before its effective
entores v miles far east corp?
instant messages must be recieved to be effective acceptance
DOESNT FOLLOW POSTAL RULE
brinkibon?
messages left during office hours are effective when they are left- even if they arent read
whats article 11 of the E commerce regulations 2002
acceptance is recieved when the parties to whom they are addressed are able to access them
