Agreement

Front 1

Offer (Treitel)

Back 1

An expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed.

Front 2

Thornton v Shoe Lane Parking

Back 2

An offer may be made expressly or by conduct

Front 3

Invitation to treat

Back 3

An expression of willingness to enter into negotiations

Front 4

Fisher v Bell

Back 4

A display of goods is an invitation to treat, unless there is an intention to be bound

Front 5

Partridge v Crittenden

Back 5

Usually an advertisement is an invitation to treat, even if they contain the word offer, unless there is an intention to be bound

Front 6

Acceptance

Back 6

An expression of assent to the terms in the offer

Front 7

Carlill v Carbolic Smokeball

Back 7

1) Acceptance may be in words or in conduct

2) A unilateral contract is a promise in return for an act

Front 8

Hyde v Wrench

Back 8

Acceptance must be distinguished between a counter-offer - which rejects the original offer

Front 9

Stevenson v Mclean

Back 9

Acceptance must be distinguished between a request for further information

Front 10

Entores v Miles Far East Corp

Back 10

There must be actual communication of acceptance, which occurs when it is brought to the attention of the offeror

Front 11

Felthouse v Bindley

Back 11

Silence cannot amount to an acceptance

Front 12

Brinkibon

Back 12

To accept by instantaneous communication there must be actual receipt of the acceptance, acceptance takes place at the moment the offer is accepted by the offeror and in the place the offeror happens to be

Front 13

Yates v Pulleyn

Back 13

For a prescribed mode of acceptance, the offeror must make this very clear for it to be mandatory - otherwise it's merely directory, meaning communication of acceptance by an equally advantageous method is valid

Front 14

Brinkibon - postal rule

Back 14

Acceptance is complete when the letter is in control of the postal service

Front 15

Household Fire and Carriage Accident Insurance v Grant

Back 15

Postal rule applies even if the letter is delayed or never arrives

Front 16

Holwell Securities v Hughs

Back 16

1) The postal rule may not apply where it is excluded by the terms of the offer - like if the offeror requires 'notice' of acceptance

2) The postal rule will not apply where it would lead to manifest inconvenience or absurdity

Front 17

Henthorn v Fraser

Back 17

It must be reasonable to use the post as a method of acceptance - otherwise acceptance takes place when it is brought to the offeror's attention

Front 18

Acceptance and revocation of unilateral contract offers

Back 18

1) Acceptance is complete when the act has been performed

2) The offer cannot be revoked once performance of acceptance has begun, provided the performance is not left incomplete or unpeformed

Front 19

Payne v Cave

Back 19

An offer can be revoked at any time before acceptance

Front 20

Dickinson v Dodds

Back 20

The offeree must be given notice of revocation - can be by a reliable third party

Front 21

The Brimnes

Back 21

Revocation of an offer sent by Telex was effective when it was received

Front 22

Bryne v Van Tienhoven

Back 22

Postal rule does not apply to the revocation of an offer

Front 23

Lapse of offer

Back 23

Where there is no time limit, the offer is open for a reasonable amount of time - offer of fresh fish vs sale of house?

Front 24

Tinn v Hoffman

Back 24

Once rejected, an offer cannot be subsequently accepted

Front 25

Financings Ltd v Stimson

Back 25

The continued existence of an offer may be subject to an express or implied condition of the offer itself

Front 26

Re Cheshire Banking Co

Back 26

Death of an offeree causes the offer to lapse