Offer and Acceptance Model Answer

Question 1

[IF Q. COVERS OFFER]:
An OFFER is a statement of the terms upon which… It is made by the … to the … , and must be … (Taylor v Laird.)

Answer 1

a person is prepared to be bound by a contract. offeror, offeree, communicated

Question 2

IF RELEVANT: A bilateral offer requires … , for example an offer to … (Taylor v Laird).

Answer 2

both parties to do something, pay money for goods

Question 3

IF RELEVANT: A unilateral offer requires … , for example offering … (Carlill v Carbolic Smoke Ball).

Answer 3

just the offeror to do something, a reward for finding a lost cat

Question 4

IF RELEVANT: An invitation to tender will be classed as a unilateral offer, if the … is to be accepted/… (Blackpool Aero Club v Blackpool BC). Other examples of unilateral offers are … (as there is only one outcome).

Answer 4

lowest/best price/bid, all tenders are to be considered, auctions without reserves

Question 5

IF RELEVANT: An invitation to treat is … and so … . It is an indication that … , encouraging a bilateral offer from another. Examples are…

Answer 5

not an offer, cannot be accepted, one person is willing to negotiate

Answer 6

communicated, the offeree knows about it

Question 7

IF RELEVANT: For an offer to remain open until a particular … , the offeree must … , such as a … (Routledge v Grant).

Answer 7

date/time, give consideration to the offeror, deposit

Question 8

A … (Hyde v Wrench).
AND/OR
… (Byrne v Van Tienhoven). This must be communicated before acceptance, either by the … or a … A promise not to revoke will not be valid unless … . (Dickinson v Dodds).
AND/OR
… of … (Ramsgate Victoria Hotel v Montefiore - 4 months).
AND/OR
… (Bradbury v Morgan).

Answer 8

rejection, acceptance, counter-offer, Revocation, offeror, third party
consideration has been given, Lapse of time, Death

Question 9

IF RELEVANT: With unilateral offers, if conduct … , the offer cannot be revoked if the … , as in Errington v Errington and Woods.

Answer 9

indicates acceptance, expected conduct continues

Question 10

IF RELEVANT: If a party is aware that … , this also counts as revocation.

Answer 10

goods have been sold

Question 11

The ACCEPTANCE must ‘…’ ie. … without …

Answer 11

mirror the offer, reflect it exactly, modifications

Question 12

IF RELEVANT: It must be … and … to the offeror by … and not … (Felthouse v Brindley).

Answer 12

unconditional, communicated, positive conduct, silence

Question 13

IF RELEVANT: Where acceptance is required to be made in a certain way, it will generally be … if it is … , as long as it … (Manchester DC v Commercial and General, Yates v Pulleyn).

Answer 13

sufficient, made in any other way, does not disadvantage the offeror

Question 14

IF RELEVANT: Acceptance can also be communicated through … (Reveille v Anotech).

Answer 14

conduct

Question 15

IF RELEVANT: Under ‘the postal rule’, acceptance is communicated … , not when … , (Byrne v Van Tienhoven). It does not …

Answer 15

at the time of posting, the offeror receives it, need to arrive.

Question 16

Contimar).

Answer 16

the offeree makes a mistake in posting

Question 17

Hughes).

Answer 17

excluded by the agreement of the parties

Question 18

IF RELEVANT: The postal rule also does not apply when … (Quenerduaine v Cole).

Answer 18

the offer has been made by instant means

Question 19

IF RELEVANT: For electronic methods, acceptance takes place when … , although the law is … and the exact time of acceptance depends on … and what is the … (Brinkibon v Stahag Stahl).

Answer 19

the offeror receives it, unclear, sound business practice, reasonable expectation of the parties

Question 20

IF RELEVANT: An offer can be accepted even if … (Gibbons Unawar v Proctor)

Answer 20

the claimant was unaware the offer existed

Question 21

In conclusion…

Answer 21

[eg. There was/was not an offer and acceptance between X and Y, so there was/was concluche not a legally binding agreement. X will therefore be in breach of contract when he sells the painting to Z .