offer and acceptance - p.2

Question 1

what is an offer?

Answer 1

a proposition from one person to another, with the intention it should become legally binding if accepted

Question 2

an offer must be certain

Answer 2

guthing v lynn 1831

Question 3

an invitation to treat is not an offer

Answer 3

fisher v bell

Question 4

what is an invitation to treat?

Answer 4

party is inviting offers - indication of willingness to deal

Question 5

acceptance must be clear

Answer 5

hyde v wrench 1840

Question 6

acceptance must be communicated

Answer 6

felthouse v bindley 1862

Question 7

what is the postal rule?

Answer 7

acceptance or offer via postal correspondence - dictates whether it is effective

Question 8

what case goes with the postal rule/explains it?

Answer 8

adam v linsell 1818

Question 9

postal rule still applies even if the letter is never received because it has been lost in the post

Answer 9

household fire insurance v grant 1879

Question 10

postal rule will only apply if it was reasonable to use the post to make the acceptance and if it does not lead to inconvenience and a absurdity

Answer 10

holwell securities v hughes 1974

Question 11

acceptance by electronic means eg email, fax

Answer 11

entores v miles far east 1955