Offer and acceptance

Question 1

offer + acceptance =

Answer 1

agreement

Question 2

agreement + consideration + intent for legal relations =

Answer 2

contract

Question 3

what is an invitation to treat?

Answer 3

An invitation for another party to make an offer

Question 4

Gibson v MCC

Answer 4

distinguishes between offer and an invitation to treat. Council does not have to accept the offer.

Question 5

Fisher v Bell

Answer 5

Shop displays in windows are usually only invitation to treat

Question 6

PSGB v Boots

Answer 6

Shop displays on shelves are usually only invitation to treat

Question 7

Partridge v Crittenden

Answer 7

written advertisements in newspapers are usually only invitations to treat

Question 8

Carlill v Carbolic Smoke Ball Co

Answer 8

An offer will be made when an advert is unequivocally clear in detail and there is a unilateral contract

Question 9

Harvey v Facey

Answer 9

A response to a request is not an offer

Question 10

What is a bi-lateral contract?

Answer 10

Both parties are obliged to perform their side of the contract

Question 11

what is a uni-lateral contract

Answer 11

Contract is fulfilled by an offerees performance but no one is forced to take on the contract

Question 11

When do offers end?

Answer 11

1) Acceptance
2) Rejection/ refusal
3) Death of the offeror
4) Counter offer
5) Lapse of time
6) Withdrawal

Question 12

Hyde v Wrench

Answer 12

counter offers end the original offer meaning the previous offers cannot be accepted

Question 13

Ramsgate Hotel v Montefiore

Answer 13

its reasonable to assume that there could have been in circumstances over a period of 6 months

Question 14

Routledge v Grant

Answer 14

Offers can be revoked even f they were to be open for a set amount of time. However, the revocation must be communicated.

Question 15

Dickenson v Dodds

Answer 15

3rd party revocation

Question 16

Yates v Pulleyn

Answer 16

offeree should communicate his acceptance in the way specified by the offeror. If the offeror does not specify a method of communication- or simply suggests an acceptable method then other methods are still acceptable

Question 17

Felthouse v Bindley

Answer 17

Silence or inactivity is not acceptance. There has to be positive, consented acceptance

Question 18

Adams v Lindsell

Answer 18

postal rule: acceptance by post is communicated as soon as the letter is put into the post box not when the acceptance letter is delivered/received by the offeror. The letter must be stamped and addressed correctly and the sending of letters must be the usual method of communication

Question 19

Byrne v Van Tienhoven

Answer 19

Acceptance had been made as soon as it was posted. the revocation needed to be communicated before acceptance was made

Question 20

Holwell v Hughes

Answer 20

If a party requests a ‘notice in writing’ of an acceptance. This means the letter actually has to be received by the offeror before it is effective

Question 21

Entores v Miles Far East Corp

Answer 21

Acceptance is when the message is received, not sent.

Question 22

Brinkibon

Answer 22

Messages of acceptance left during office hours are effective once received- it doesn’t matter if they haven’t been read.

If messages of acceptance are left outside office hours the courts will look at the parties intention and their normal business practices

Question 23

Article 11 of the E-Commerce Regulations 2002

Answer 23

1) Advertisement on the website is an invitation to treat

2) The placing of an order by the buyer is an offer to buy

3) Electronically generated emails acknowledging orders is not usually acceptance

4) Acceptance is usually another email from the seller stating that the goods have been ‘dispatched’

Question 24

When will acceptance be received according to Article 11of the E-Commerce Regulations 2002?

Answer 24

When the buyer was able to access the dispatch information