Offer And Acceptance 20 Marker

Question 1

Invitations to treat invite the other party to make an offer

Answer 1

Gibson v MCC - invitations to treat are not offers
Fisher v bell - shop windows
Psgb v boots - shop shelves
Partridge v crittenden - written adverts
Carlill v carbolic smoke ball co - if advert is clear enough it can be an offer

Question 2

Harvey v facey

Answer 2

Requests for information and the replies to these are not offers

Question 3

How can offers end

Answer 3

Acceptance
Rejection
Death of offeror
Counter ( Hyde)
Lapse of time ( rams gate hotel p)
Withdrawal / revocation

Question 4

Yates

Answer 4

Yates -offeror can specify the acceptance should be made in a particular way
Felthouse - usually silence or inactivity is not acceptance

Question 5

Post

Answer 5

Adams - letter of acceptance is effective when posted
Byrne - revocation by post must be communicated
Holwell - offeror can specify they must receive letter of acceptance for it to be effective
MUST be correctly addressed and stamped and can prove postage

Question 6

Emails , messages

Answer 6

Enstores - accepting through instantaneous forms must be received to be affective
Brimkibon - messages left during office hours are effected when received