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17 Cards in this Set
- Front
- Back
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What is an offer ? |
Express willingness to contract on certain terms.This is made with the intent that it would be binding upon acceptance. McKendrick. ♢must be capable of acceptance -Skamell v Ouston ♢this is objectively assessed - Smith v Hughes □exception ..snatching of a barging -Hart hog v Colin Shields |
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What does not amount to an offer ? |
Other steps in negotiations ●Invitation to treat - Gibson v Manchester City council. ♢Display of goods -fisher v Bell ♢Adverts-Patridge v Crittenden (This is where a unlareral contract is concerned the distinction is Calill v Carbolic) ●Satement of intention -Harris v Nickerson ●supply of information -Harvey v Facey ●Request for tenders-Harvela investment v Royal trust of Canada ♢request for bids usually ITT. Where auction is without reserve the auction is obligated to accept the highest bid- Barry v Davis |
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Is communication of the offer nessary ? |
Yes there can be no assent without knowledge of the offer - R v Clarke |
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Is there a need to communicate acceptance if the offer ? |
Yes -Taylor v Laird |
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How can acceptance be communicated ? |
By words or conduct -Brogden v Metropolitan railway . |
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Can silence amount to acceptance ? |
No as it may force an unwilling party to contract- Felthouse v Bindly. |
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What is the effect of a counter offer ? |
This kills off the original offer and the offeree now becomes the offeror. Hyde v Wrench ♢queries would not amount to a counter offer- Stevenson v McLean . |
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Why is it important to consider the 'last shot rule '? |
Butler v Excello - this is the battle of the forms where business contract on their standard terms . Who wins the battle of the forms the other will be contracting on their standard terms . |
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Can the offeror specify a method of communication and is the offeree bound by it ? |
Yes .Manchester Diocen |
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What is the exception to the communication rule ? |
Unilateral offers waiver the need for communication of acceptance .Full performance will amount to acceptance - Calill v Carbilic. |
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What is the postal acceptance rule ? |
Acceptance is communicated when the letter is posted - Adam v Lindsell ♢this only applies when the post is reasonable contemplated by the parties - House hold fire v Grant or ♢ the only means of communication -korbits v Trangrain shipping |
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When is acceptance communicated when using almost instantaneous means of communication ? |
Acceptance communicated when reasonably expected to be check or during the next business hours - Brimnes. In domestic situations then it is communicated when read- Entores |
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When can am offer be revoked ? |
Any time before acceptance-Payne v Cave . ♢this can be done dispite the offeror stating that the offer will remain open for specific period of time -Routhledge v Grant . |
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Is it nessesary to communicate revocation ?
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Yes. Byrne v Van tienhoven. ♢this can be done by a reliable third party -Dickinson v Dodds . |
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Can you revoke a unilateral offer ? |
Not when performance has already begun -Erington v Erington ♢was allowed in the rare case - the Luxor. |
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How do you revoke an unilateral offer ? |
Shewy v USA - in a way as to reach the same audience as the offer . |
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How can an unaccepted offer end ? |
♢ condition not fulfilled - Financing v Stimson ♢ Death of the Offeror - Bradbury v Morgan - deceased estate would be liable □ obita Dickinson v Dodds - no agreement if either party dies ♢ lapse of.time -Ramsgate VIctororian hotel v Montifore |
