Offer and Acceptance Flashcards
(26 cards)
RTS Flexible Systems
Established objective test to O&A
Contract didn’t meet formalities but was still enforceabld
Hartog
Subjective test to O&A when one psrty knew that the other was mistaken
Scriven
Subjective test to O&A when mistake was induced by one party
Gibson
”The council may be prepared to sell the house” insufficient commitment, invitation to treat
FORMALISM
Storer
”If you eill sign the agreement and return it to me, I will send you the agreement signed on behalf of the council in exchange” offer
Fisher v Bell
Knifes in display, invitation to treat
Partridge
Advertised wild birds for sale -> invitation to treat
Carlill v Carbolic Smoke Ball Co
Advertisement can be interpreted to create a unilateral contract -> offer
Harris v Nickerson
Auction = invitation to treat
Barry v Davies
Auction offer when no reserve price
Spencer v Harding
Tender is an invitation to treat
Harvela Investments
Referential bid not valid
Blackpool Aero Club
All tenders up to the deadline must be considered
REALISM
Routledgd
Offer can be withdrawn anytime before acceptance
Byrne v Van Tienhoven
Postal rule doesn’t apply to revocation
Dickinson v Dodds
Communication of withdrawal can be done by 3rd party in bilateral contracts
Errington v Errington
When unilateral contract is to a specific indicidual, acceptance is starting performance
Gibbs
Mirror-image rule
Stevenson v Mclean
Inquiry is not a counter-offer
Entores v Miles Far East Corporation
Lord Denning: passing airplane -> acceptance must be heard
Postal rule does not apply to instant communications
Felthouse v Brindley
Silence does not constitute acceptance
Adam v Lindsell
Postal rule
Household Insurance v Grant
Postal rule applies if letter gets lost
Countess of Dunmore v Alexander (Scots.)
Once acceptance posted it cannot be revoked
