offer and acceptance- Paper 3

Question 1

offer

Answer 1

statement of terms upon which the offeror is willing to be bound

Question 2

offeror

Answer 2

makes the offer

Question 3

offeree

Answer 3

person the offer is being made to

Question 4

acceptance

Answer 4

offerree accepts terms of use by the
offeror

Question 5

consideration

Answer 5

thing of value between 2 parties

Question 6

intent

Answer 6

both parties must intend to make a legally binding agreement

Question 7

Gibson v MCC

Answer 7

-offer must be clear and firm
-offer cannot be an invitation to treat

Question 8

Fisher v Bell

Answer 8

goods in shop windows are only invitations to treat

Question 9

PSGB v Boots

Answer 9

goods on shop shelves are only invitations to treat

Question 10

Partrdge v Crittenden

Answer 10

written adverts are only invitations to treat

Question 11

who makes the offer in consumer cases

Answer 11

buyer makes the offer as the shop keeper must be able to refuse service

Question 12

Carlill v Carbolic smoke ball Co

Answer 12

If you get an offer in an advert that has clear and firm instructions, it can become a unilateral offer

Question 13

Harvey v Facey

Answer 13

a response to a request for information is not an offer

Question 14

bilateral contract

Answer 14

both parties have an obligation

Question 15

unilateral offer

Answer 15

only one party has an obligation

Question 16

6 ways offers end

Answer 16

-Acceptance
-Rejection
-Death of offeror
-Counter offer
-Lapse of time
-Revocation

Question 17

Death of offeror

Answer 17

if the offeree knows the offeror has died then the offer dies with them but if the offeree does not know then the offer is still capable of being accepted

Question 18

Counter offer + case

Answer 18

-counter offers end the original offer and make a new one meaning the old offer cannot be accepted (unless both parties agree)
-Hyde v Wrench

Question 19

Lapse of time + case

Answer 19

-sometimes an offer will be open until a particular time, in this situation the offer will end the that time has passed
-if no time/date is stated, an offer can end after a reasonable amount of time (reasonable time depends on the circumstances)
-Ramsgate hotel v Montefiore

Question 20

Revocation + case

Answer 20

-offers can be revoked by the offeror as long as it has not been accepted (offeror can change their mind)
-Routledge v Grant
-Dickenson v Dodds says revocation can be communicated by a reliable third party

Question 21

ways acceptance can be made

Answer 21

-writing
-verbally
-by conduct

Question 22

Yates v Pulleyn

Answer 22

-offeror can specify that the acceptance should be made in a particular way
-if an offeror just suggests a mode of communication then others can still work.

Question 23

Adams v Lindsell

Answer 23

-Posting a letter of acceptance is affect when the letter is posted; it does not have to be received
-this only applies to acceptance not offers and revocation

Question 24

Howell v Hughes

Answer 24

if a party requests ‘notice in writing’ of an acceptance it will probably be interpreted as meaning the letter has to be actually received by the offeror before is effective

Question 25

Entores v Miles Far East Corp

Answer 25

Instant messages must actually be received to be effective acceptance, does not follow the postal rule

Question 26

Brinkibon

Answer 26

-Messages left during office hours are effective when they’re received- even if they’re not read or listened to.
-Disputes about messages left outside of office hours should be resolved by looking at the parties intentions and normal business practice.
(this also applies to revocation and offers)

Question 27

Article 11 of the E-Commerce Regulations 2002

Answer 27

Acceptances will be received and effective when parties to whom they are addressed are able to access them