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Offer, revocation & acceptance Flashcards

(19 cards)

1
Q

What is an Offer

A

A statement expressing willingness to enter into a legally binding contract

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2
Q

Invitation to treat

A

A statement that invites others to make an offer, but is not an offer itself. It’s the pre contractual stage

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3
Q

Adverts

A

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

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4
Q

Supermarket shelves

A

Generally considered invitations to treat, Fisher v Bell

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5
Q

Auctions

A

The bidder makes the offer, and it is only accepted when the hammer falls, British car auctions v Wright

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6
Q

Statement of price

A

Not considered an offer; it is a statement of the price, Harvey v Facey

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7
Q

Communication of offer

A

The offer must be effectively communicated to the offeree, Taylor v Laird

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8
Q

What must the terms be for an offer?

A

The terms of the offer must be clear and definite, Guthing v Lynn

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9
Q

Revocation of Offer

A

The offer can be revoked until accepted, Routledge v Grant, and the revocation must be effectively communicated, Byrne v Van Tienhoven

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10
Q

Revocation via Third Party

A

The offer can be revoked by a third party, as long as it is effectively communicated

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11
Q

Lapse of Time

A

The offer ends if not accepted within a reasonable time, Ramsgate v Montefiori

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12
Q

Death of Offeror

A

The offer ends if the offeror dies and the offeree learns of the death, unless it relates to a personal service

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13
Q

How should an acceptance be communicated

A

The acceptance must be effectively communicated, Felthouse v Bindley

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14
Q

Counter offer

A

Acceptance must be unconditional. Any attempt to change the terms of the offer results in a counter offer, Hyde v Wrench

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15
Q

Acceptance by Conduct

A

Acceptance can be demonstrated through conduct before the contract has been agreed upon, Revellie v Anotech

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16
Q

Acceptance via post

A

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

17
Q

Acceptance via Electronic Communication

A

Acceptance via electronic methods occurs when the offeree is aware of the acceptance

18
Q

A promise not to revoke

A

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

19
Q

Detriment

A

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.