Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Payne v Cave
|
Auctioneer's call for bids is an invitation to treat, a request for offers
|
Auction
|
|
|
Fisher v Bell
|
The display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy
|
Display of goods
|
|
|
P.S.G.B. v Boots Chemists
|
The display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy
|
Display of goods
|
|
|
Partridge v Crittenden
|
Advertisements of goods for sale are normally interpreted as invitations to treat
|
Advertisement
|
|
|
Carlill v Carbolic Smoke Ball Co
|
advertisements may be construed as offers if they are unilateral, ie, open to all the world to accept (eg, offers for rewards)
|
Unilateral offer
|
|
|
Harvey v Facey
|
A statement of the minimum price at which a party may be willing to sell will not amount to an offer
|
mere statement of price
|
|
|
Gibson v Manchester County Council
|
A statement of the minimum price at which a party may be willing to sell will not amount to an offer
|
Mere statement of price
|
|
|
Harvela Investments v Royal Trust Co. of Canada
|
Where goods are advertised for sale by tender, the statement is not an offer, but an invitation to treat; that is, it is a request by the owner of the goods for offers to purchase them.
|
Competetive tendering
|
|
|
Hyde v Wrench
|
If in his reply to an offer, the offeree introduces a new term or varies the terms of the offer, then that reply cannot amount to an acceptance. Instead, the reply is treated as a "counter offer", which the original offeror is free to accept or reject. A counter-offer also amounts to a rejection of the original offer which cannot then be subsequently accepted.
|
counter offer
|
|
|
Stevenson v McLean
|
A counter-offer is different from a mere request for information
|
request for information
|
|
|
Entores v Miles Far East Corp
|
an acceptance must be communicated to the offeror. Until and unless the acceptance is so communicated, no contract comes into existence
|
communication of acceptance
|
|
|
Powell v Lee
|
The acceptance must be communicated by the offeree or someone authorised by the offeree. If someone accepts on behalf of the offeree, without authorisation, this will not be a valid acceptance
|
acceptance by an authorized person
|
|
|
Felthouse v Bindley
|
The offeror cannot impose a contract on the offeree against his wishes by deeming that his silence should amount to an acceptance
|
silence is not acceptance
|
|
|
Entores v Miles Far East Corp
|
Where an instantaneous method of communication is used, eg telex, it will take effect when and where it is received
|
instantaneous communication
|
|
|
Carlill v Carbolic Smoke Balls
|
In unilateral contracts the normal rule for communication of acceptance to the offeror does not apply. Carrying out the stipulated task is enough to constitute acceptance of the offer
|
communication of acceptance in unilateral offers
|
|
|
Adams v Lindsell
|
Where acceptance by post has been requested or where it is an appropriate and reasonable means of communication between the parties, then acceptance is complete as soon as the letter of acceptance is posted, even if the letter is delayed, destroyed or lost in the post so that it never reaches the offeror
|
postal rule
|
|
|
Holwell Securities v Hughes
|
Where the express terms of the offer exclude the postal rule, ie if the offer specifies that the acceptance must reach the offeror. the postal rule was held not to apply where the offer was to be accepted by "notice in writing". Actual communication was required
|
methods of communication
|
|
|
Byrne v Van Tienhoven
|
The offer may be revoked by the offeror at any time until it is accepted. However, the revocation of the offer must be communicated to the offeree(s). Unless and until the revocation is so communicated, it is ineffective
|
communication of revocation
|
|
|
Dickinson v Dodds
|
The revocation need not be communicated by the offeror personally, it is sufficient if it is done through a reliable third party
|
reliable third party communication
|
|
|
Shuey v United States
|
Where an offer is made to the whole world, it appears that it may be revoked by taking reasonable steps
|
|
|
|
Errington v Errington
|
Once the offeree has commenced performance of a unilateral offer, the offeror may not revoke the offer
|
revocation of unilateral offers
|
