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34 Cards in this Set
- Front
- Back
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Definition of Offer |
Manifestation of willingness to be bound upon acceptance |
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Test for Intention |
Objective: Smith v Hughes |
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Gibson v Manchester CC |
ITT due to use of word 'may' |
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What are displays of goods? Case |
Displays of goods are ITT: Pharma v Boots |
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Newspaper adverts are? Case |
Newspaper adverts are ITT: Partridge v Crittenden |
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Spencer v Harding |
Use of word 'offer' in advert does not necessarily mean it is |
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Exception to general rule that adverts are ITT |
Carbolic, because the advert was so specific and on the objective test showed an intention to be bound |
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Advert for Auction is |
ITT |
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Making goods available for sale is |
ITT |
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Auction bid is |
Offer |
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Smash of the hammer is |
Acceptance |
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Failure to accept highest tender |
Harvela - breach of unilateral contract |
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Failure to consider tender |
Blackpool Aero Club |
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Harvey v Facey |
If there is no intention to be bound, communication is request for information |
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Definition of Acceptance |
Unequivocal expression of consent to proposal contained in offer |
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Counter offer case |
Hyde v Wrench |
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Stevenson Jacques & Co |
Communication held to be supply of information and not acceptance |
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Last Shot Rule case |
Brogden |
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Last Shot Rule applied in |
Butler. But, Denning dissented saying the communications should be looked at from a general view and assessed to see the parties intentions |
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Requirement of nexus |
R v Clarke |
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Cross offers |
Tinn v Hoffman |
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Test for acceptance if the offeree deviates from prescribed method |
Manchester DC: Does the chosen method in any way disadvantage the offeror. If not, then acceptance valid |
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Acceptance by silence |
Felthouse v Bindley. Acceptance by silence not possible |
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At what point is the acceptance valid? |
Brinkibon. Acceptance valid at the point of communication |
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Acceptance by Telex |
The Brimnes. Acceptance by Telex valid if sent/received during normal business hours (9 to 5) |
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Denning obiter in Entores (3) |
(i) If oral acceptance drowned out by passing aircraft, onus on offeree to repeat acceptance (ii) Same occurs if the phone line goes dead (iii) If the offeror is aware of an attempted communication, onus is on him to follow up and investigate |
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Postal Rule |
Adams v Linsell. Acceptance by post takes place at the point of postage |
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Exception to postal rule |
Holwell Securities. Postal rule does not apply if expressly excluded or if it generates a manifest inconvenience or absurdity |
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Is there a requirement of communication for unilateral contracts? |
No. Carbolic |
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Can offeror revoke offer? |
Errington v Errington. Offeror can only revoke up until the point where performance begins |
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Exception |
Luxor v Cooper. Offeror could revoke even after performance had begun because of understanding of risk in estate agent contracts |
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Does postal rule apply to revocation? |
Hawthorn v Fraser. No. Postal rule does not apply to revocation because it is the duty of the offeror to communicate revocation to offeree immediately |
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Shuey (US) |
Offeror must revoke the offer where possible by using the same method by which the offer was made |
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Dickinson v Dodds |
Offeror can use reliable third party to revoke offer |
