Offer, revocation & acceptance Flashcards
(19 cards)
What is an Offer
A statement expressing willingness to enter into a legally binding contract
Invitation to treat
A statement that invites others to make an offer, but is not an offer itself. It’s the pre contractual stage
Adverts
Generally considered invitations to treat (Partridge v Crittenden) unless there is a promise to pay a reward and the wording shows an intention to be bound eg Carlill v Carbolic smoke ball
Supermarket shelves
Generally considered invitations to treat, Fisher v Bell
Auctions
The bidder makes the offer, and it is only accepted when the hammer falls, British car auctions v Wright
Statement of price
Not considered an offer; it is a statement of the price, Harvey v Facey
Communication of offer
The offer must be effectively communicated to the offeree, Taylor v Laird
What must the terms be for an offer?
The terms of the offer must be clear and definite, Guthing v Lynn
Revocation of Offer
The offer can be revoked until accepted, Routledge v Grant, and the revocation must be effectively communicated, Byrne v Van Tienhoven
Revocation via Third Party
The offer can be revoked by a third party, as long as it is effectively communicated
Lapse of Time
The offer ends if not accepted within a reasonable time, Ramsgate v Montefiori
Death of Offeror
The offer ends if the offeror dies and the offeree learns of the death, unless it relates to a personal service
How should an acceptance be communicated
The acceptance must be effectively communicated, Felthouse v Bindley
Counter offer
Acceptance must be unconditional. Any attempt to change the terms of the offer results in a counter offer, Hyde v Wrench
Acceptance by Conduct
Acceptance can be demonstrated through conduct before the contract has been agreed upon, Revellie v Anotech
Acceptance via post
Acceptance via post follows the postal rules and requires proper stamping and proof of posting. Once letter is posted the acceptance takes place, Adams v Lindsell
Acceptance via Electronic Communication
Acceptance via electronic methods occurs when the offeree is aware of the acceptance
A promise not to revoke
A promise not to revoke an offer is not binding or revoking acceptance in general requires the offereee has not provided consideration, Dickinson v Dodds
Detriment
If offeror requires a particular manner of acceptance it must usually be complied with for valid acceptance however if acceptance still done in a different mode then might be okay spending on circumstances. Case example Yates v Pulleyn.
