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Flashcards in Offer and Acceptance Deck (33)
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Fisher v Bell

Distinction between an offer and an ITT

1

Thornton v Shoe Lane Parking

Vending machines are not ITT - the terms on ticket come after the offer has been accepted as the acceptee cannot refuse them - therefore unincorporated

2

Chapelton

This was actually an offer - even though enough stages for an ITT - the reason being that otherwise the C could sit there for an hour without paying

3

Carlill

Unilateral - performance of a specific action, offer is usually money - contrasted with bilateral contracts, the two parties agree to be bound; not agreement here

4

Harvey v Facey

NB the difference with land - not so readily traded - communication RE the price would seem to be an offer (why else communicate it) but this was not construed as such

5

Gibson v Manc CC

Lord Denning was criticised - this was an ITT (unlike Denning's broad, contextual construction at CA) - this shows the friction between the narrow and broad constructions - it was an ITT because of 'may be prepared to'

6

Payne v Cave

Auction - similar to ITT - the placing of the bid is the offer and the fall of the hammer is the acceptance

7

Warlow v Harrison

An auctioneer who refused to sell a horse which was at auction 'without reserve' meant that the auctioneer could be sued

8

Spencer v Harding

Tender - a circular could not be construed as an offer, it was a mere proclamation of their willingness to sell

9

Blackpool and Fylde Aeroclub

Tender - this was unilateral because the council had failed to take into account C's tender like they had promised to do - the council were therefore liable for breach

10

Hyde v Wrench

Counter-offer - offered to pay 950 instead of 1000 - this would seem to be effectively the same price prima facie, but all the D had to do was write back to accept, which he didn't

11

Stevenson v McLean

NOT Counter-Offer - this was merely a request for more information - be careful to distinguish between these and Hyde v Wrench

12

BRS v Arthur Crutchley

Battle of the forms - here the delivery note was an offer, which the stamp of alternative terms was a counter-offer and the delivery driver accepted by conduct

13

Routledge v Grant

The C has a right to withdraw just as the D has a right to withdraw - providing this has been done before acceptance there is no contract - even with a duration e.g. 6 weeks

14

Mountford v Scott

Option - if consideration has been given to keep an offer open, even if it is nominal, then the offeror cannot withdraw the offer during this time

15

Byrne & Co

The offeree had accepted before it was withdrawn - postal rule

16

Shuey v US

RE Unilateral withdrawal - the offeror must sufficiently publicise the withdrawal of the offer even if C himself does not hear of it

17

Ramsgate Victoria Hotel

Lapse of an offer - too long

18

Williams v Cawardine

Knowledge of the offer is deduced from the circumstances and the motivation for accepting is irrelevant

19

Tinn v Hoffman

Cross offers cannot form a contract; there needs to be acceptance of one

20

R v Clarke

Here, if the C does not know of the true nature of the offer e.g. to evade criminal charges and get money (he knew only of former) then he can gain what he knew of

21

Luxor v Cooper

Failure to accept a unilateral offer - they had to find someone to BUY the property, which they didn't because the Ds found someone elsewhere - no acceptance

22

Errington v Errington

Acceptance of a unilateral offer - once performance has begun, the offer cannot be withdrawn, even if it has not been fully completed

23

Brogden v Metropolitan Railway

Acceptance by conduct: receiving a counter-offer and placing in a drawer was considered to be acceptance

24

British Steel Corp. v Cleveland Bridge & Engineering Co.

No contract had come into being as no agreement had been reached, however, the Cs succeeded on a quantum merit claim

25

Felthouse v Bindley

Silence is not acceptance

26

Re Selectmove

Here, silence was acceptance - where an offeree himself indicates that an offer is to be deemed as accepted 'if you hear not further' then it is an exceptional circumstance where silence is acceptance

27

Eliason v Henshaw

No valid contract as transmission of acceptance had taken longer than what had been stated as sufficient in the offer

28

The Brimnes

An acceptance communicated in office hours, but not seen, was the D's own fault and there had therefore been acceptance

29

Adams v Lindsell

Postal rule - acceptance takes effect when posted