Agreement

Front 1

Definition of offer

Back 1

Expression of willingness to contract on certain terms, made with intention that it shall become binding as soon as accepted by person to whom it is addressed - Professor Treitel

Front 2

Court adopts primarily objective approach to existence of an agreement

Back 2

Smith v Hughes (1871)

Front 3

Subjective element of offeree’s belief that conduct of offeror represents their intention

Back 3

Goff LJ in Allied Marine Transport v Vale do Rio Doce Navegacao SA (The Leonidas) [1985]

Front 4

Goods on display in supermarkets and self service shops generally invitations to treat

Back 4

Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953]

Front 5

Display in shop window is invitation to treat

Back 5

Fisher v Bell [1961] - flick knife

Front 6

Advertisements generally regarded as invitations to treat

Back 6

Partridge v Crittenden [1968] - live wild bird

Front 7

Advertisement of a reward traditionally seen as offer

Back 7

William v Carwardine (1833)

Front 8

Certain adverts are treated as offers, can waive need for communication of accepting

Back 8

Carlill v Carbolic Smoke Ball Company (1892)

Front 9

Sale by auction is complete on fall of auctioneer’s hammer (acceptance)

Back 9

s57(2) of Sale of goods Act 1979

Front 10

Where no reserve price given, auctioneer can be liable for refusing to sell

Back 10

Barry v Davies (ta Heathcote Ball & Co) [2000]

Front 11

There are certain situations where invitations to tender constitute an offer

Back 11

Harvela Investments Ltd v Royal Trust Company of Canada Ltd [1986] - highest fixed

Front 12

Invitations to tender can constitute offer to choose fairly - letterbox emptying

Back 12

Blackpool & Flyde Aero Club Ltd v Blackpool Borough Council [1990]

Front 13

Promise to keep offer open for certain period of time usually not binding

Back 13

Routledge v Grant (1828) - not binding if gratuitous

Front 14

Promise to keep offer open for certain period is binding if consideration given

Back 14

Mountford v Scott [1975] - £1

Front 15

Revocation must be communicated to the offeree to be effective

Back 15

Byrne & Co v Van Tienhoven & Co (1880)

Front 16

Exceptions to general rule for communication of revocation

Back 16

Professor Treitel: wrong address, offeree chooses not to read

Front 17

To revoke offer to public, must publish sufficiently prominent notice

Back 17

US case of Shuey v United States (1875)

Front 18

For notice of revocation to a business, reasonable expectation of reading

Back 18

The Brimnes [1975] - office hours

Front 19

Revocation may be communicated by reliable third party

Back 19

Dickinson v Dodds (1876)

Front 20

Sometimes an implied promise in unilateral contract not to revoke after beginning

Back 20

Errington v Errington and Woods [1952] - father’s widow, mortgage

Front 21

Counter offer is an implied rejection of initial offer

Back 21

Hyde v Wrench (1840)

Front 22

Simple request for information does not affect offer or acceptance

Back 22

Stevenson Jacques and Co v McLean (1880)

Front 23

Definition of acceptance

Back 23

Professor Treitel: final and unqualified expression of assent to terms of offer

Front 24

Not knowing about offer (cannot accept) includes forgetfulness

Back 24

Australian case of R v Clarke (1927) - unable to claim reward

Front 25

Mixed motives do not preclude acceptance of an offer

Back 25

Williams v Carwardine (1833)

Front 26

Prevail clause in battle of the forms irrelevant if not included in last shot

Back 26

Butler Machine Tool Co [1979]

Front 27

Where no signature necessary, performance of act likely to be acceptance by conduct of last set of standard terms to be proffered

Back 27

Brogden v Metropolitan Railway Co (1877)

Front 28

For hire purchase agreement, absence of important details may make unenforceable

Back 28

Scammell v Ouston [1941] - too vague (can give content to other vague bits)

Front 29

General rule that acceptance must be communicated

Back 29

Enstores Ltd v Miles Far East Corp [1955]

Front 30

Acceptance can be communicated either by offeree or duly authorised agent

Back 30

Powell v Lee (1908)

Front 31

Possible for offeror to waive need for communication of acceptance

Back 31

Carlill v Carbolic Smoke Ball Co [1893]

Front 32

Offeror cannot impose contract on offeree by stipulating silence is acceptance

Back 32

Felthouse v Bindley (1862)

Front 33

Nothing wrong in principle with offeror binding themselves by silence

Back 33

Court of Appeal in Re Selectmove Ltd [1995]

Front 34

Letter of acceptance which is posted is complete on posting

Back 34

Adams v Lindsell (1818) - contract formed at that point

Front 35

Postal rule applies even where acceptance never arrived

Back 35

Household Fire and Carriage Accident Insurance v Grant (1879)

Front 36

Must be reasonable for acceptance to be sent by post

Back 36

Thesiger LJ in Household Fire and Carriage Accident Insurance v Grant (1879)

Front 37

Possible to exclude the postal rule

Back 37

Holwell Securities Ltd v Hughes [1974] - stipulating need for notice

Front 38

With faster methods of communication, point of acceptance dependent on intentions of parties

Back 38

Brinkibon [1983]

Front 39

Elderly residents promising young couple leaving house and contents to them

Back 39

Intention (couple sold houses to care) - Parker v Clark [1960]

Front 40

Workmates buying lottery tickets together (alternating each week)

Back 40

Intention to create relations- Simpkins v Pays [1955]

Front 41

In domestic and social agreements, presumption of no intention to create

Back 41

Balfour v Balfour [1919] - no consideration

Front 42

If couple are separated, presumption is likely to be rebutted

Back 42

Merritt v Merritt [1970] - also formal agreement as rebuttal

Front 43

In commercial situations, presumption that parties intended legally binding

Back 43

Edwards v Skyways [1964]

Front 44

Presumption in commercial situations can be rebutted by clear words

Back 44

Rose and Frank Co v Crompton Bros [1925]