offer and acceptance

Question 1

Storer v MCC

Answer 1

Direct offer that is binding upon acceptance

Question 2

Gibson v Proctor

Answer 2

ambiguous statement or future intention will amount to indirect offers

Question 2

Harvey v Facey

Answer 2

Flashcard Summary:
Facts: Buyer asked for price; seller quoted £900; buyer “accepted.”

Held: No contract—price statements ≠ offers.

Rule: Offers require clear intent to be bound; mere price info = invitation to treat.

Question 2

Pharma Society v Boots

Answer 2

Facts: Drugs displayed on self-service shelves.
Held: Display = invitation to treat; contract forms at checkout.

Question 2

Thorton v Shoelane

Answer 2

display made by machine is an offer

Question 3

Carlil v Carbolic Smoke Ball

Answer 3

Facts: £100 reward for using product; flu caught anyway.
Held: Unilateral offer accepted by performance; binding contract.

Question 4

Blackpool v Fylde

Answer 4

acts: Football club rejected bid submitted before deadline.
Held: Implied obligation to consider timely bids; breach of contract. request for tender is an invitation and submittal is an offer

Question 5

Warlow v Harrison

Answer 5

Facts: Auctioneer sold to third party despite higher bid.
Held: Implied contract to sell to highest bona fide bidder.

Question 6

R v Clarke (1927)

Answer 6

Facts: Reward offered; claimant acted for self-preservation.
Held: No acceptance - no intention to claim reward. no knowledge meaning that no assent

Question 7

Hyde v Wrench (1840)

Answer 7

Facts: £1000 offer refused; £950 “acceptance” sent.
Held: Counteroffer kills original offer; no contract.

Question 8

Brogden v Metropolitan Railway (1877)

Answer 8

Facts: Draft agreement used for years without signature.
Held: Conduct implied acceptance; binding contract.

Question 9

Butler Machine Tool v Ex-Cell-O (1979)

Answer 9

Facts: “Battle of forms” with conflicting terms.
Held: Last terms sent before performance = contract terms.

Question 10

TRW v Panasonic (2021)

Answer 10

Facts: First terms stated no amendments without written agreement.
Held: First terms prevailed despite later conflicting terms.

Question 11

Adams v Lindsell (1818)

Answer 11

Facts: Wool offer misdirected; late acceptance posted.
Held: Postal rule applies - acceptance valid when posted.

Question 12

Entores v Miles Far East (1955)

Answer 12

Facts: Telex acceptance from Netherlands to London.
Held: Instantaneous comms require receipt (no postal rule).

Question 13

Payne v Cave (1789)

Answer 13

Facts: Bidder withdrew auction bid before fall of hammer.
Held: Bid = offer; withdrawal allowed before acceptance.

Question 14

Byrne v Van Tienhoven (1880)

Answer 14

Facts: Offer revoked after acceptance posted but before receipt.
Held: Revocation effective only when received (postal rule applied).

Question 15

Dickinson v Dodds (1876)

Answer 15

Facts: House offer revoked via third party before acceptance.
Held: Revocation valid when communicated (even indirectly).

Question 16

Errington v Errington (1952)

Answer 16

Facts: Son paid mortgage after father’s death; mother tried to revoke.
Held: Unilateral offer irrevocable once performance started.

Question 17

Routledge v Grant (1828)

Answer 17

Facts: 6-week house offer revoked after 3 weeks.
Held: Revocation allowed unless consideration given to keep open.