Contract Law Offer And Acceptance

Front 1

What happens in Smith v Hughes?

Back 1

Dispute over type of oats. Held: that the contract did not need to state the type as the reasonable person would believe they were oats for horses.

Front 2

What are the three elements needed to form a contract?

Back 2

Offer, intention and consideration.

Front 3

What happened in Gibson?

Back 3

Plaintiff tried to buy a house. Defendant said 'may be prepared to sell'. This is fatal to and offer.

Front 4

What happened in Storer?

Back 4

Plaintiff tried to buy a house. Defendant wrote back with a document entitled 'agreement to sell' which was sufficiently certain enough to amount to an offer.

Front 5

What happened in Spencer v Harding?

Back 5

Advertisements for tenders are not usually offers but invitations to treat.

Front 6

What happened in Rooke v Dawson?

Back 6

No implied contract unless it states 'awarding to the highest bidder'. Circular did not amount to an offer.

Front 7

If a reasonable person believes the offer...

Back 7

...intends to be bound if his words or conduct are such as to induce the belief in the reasonable person that he intends to be bound; he shall be bound.

Front 8

What happened in Crest Nicholson?

Back 8

Offeree must have objective and reasonable evidence that the offeror is making a clear offer which invites acceptance.

Front 9

What happened in Boots?

Back 9

Pharmacy and Poisons Act 1933. Drugs on display.

Front 10

What happened in Lefkowitz?

Back 10

Coat cheap and stated 'first come, first serve'. Defendant said no, plaintiff sued, plaintiff won.

Front 11

What happened in Payne v Cave?

Back 11

Defendant retracted before the hammer fell in an auction.

Front 12

What happened in Harris v Nickleson?

Back 12

Advertisement for an auction is an invitation to treat.

Front 13

What happened in Barry v Heathcote Ball & Co?

Back 13

Machines worth £14,000 sold at an auction for £200. Held: valid contract.

Front 14

What is the general rule for advertisements?

Back 14

They're an invitation to treat.

Front 15

What happened Partridge v Crittenden?

Back 15

Selling birds

Front 16

What happened in Fisher v Bell?

Back 16

Knife case (criminal)

Front 17

What happened in Harvela Instruments?

Back 17

Tender can be a unilateral offer if stated that the highest tender would be accepted.

Front 18

What happened in Blackpool & Fylde Aero Club?

Back 18

Tender was an offer.

Front 19

What happened in Hartog vs Shields?

Back 19

Sells good by piece not pound. Held: not allowed to take advantage of a mistake.

Front 20

What happened in Powell v Lee?

Back 20

Headmaster.

Front 21

What happened in Entores v Miles Far East Corp?

Back 21

Acceptance must be heard to be communicated.

Front 22

What did denning say in Entores v Miles Far East Corp?

Back 22

'I shout to a man across a river or courtyard but do not hear his reply'

Front 23

What happened in Brinkibon?

Back 23

No universal rule can cover all telex cases.

Front 24

What is deemed affective when receiving the message in normal working hours?

Back 24

Non-Postal acceptance (telex, email, voicemail)

Front 25

What did J.Clarke say about emails?

Back 25

'There is no reason why... Delivery of a document by email... Should be regarded as essentially different from communication by post'

Front 26

Does silence constitute acceptance?

Back 26

No

Front 27

What happened in Adams v Lindsell?

Back 27

The contract is formed as soon as the offeree posts the letter.

Front 28

What happened in Adams v Lindsell?

Back 28

The contract is formed as soon as the offeree posts the letter.

Front 29

What happened in Bernuth?

Back 29

Email notice effective even when it has been sent though the recipient chose to ignore it thinking it was junk mail.

Front 30

What is held in Felthouse?

Back 30

Mere coincidence of intention is not enough.

Front 31

What happened in Household Fire Insurance Co?

Back 31

Defendant brought shares. Letter of share allotment not received. Company went into liquidation. Letter counts because it was posted even though it didn't arrive.

Front 32

What happened in Household Fire Insurance Co?

Back 32

Defendant brought shares. Letter of share allotment not received. Company went into liquidation. Letter counts because it was posted even though it didn't arrive.

Front 33

When does the postal rule not apply?

Back 33

If this would result in 'manifest inconvenience and absurdity'

Front 34

What happened in Household Fire Insurance Co?

Back 34

Defendant brought shares. Letter of share allotment not received. Company went into liquidation. Letter counts because it was posted even though it didn't arrive.

Front 35

When does the postal rule not apply?

Back 35

If this would result in 'manifest inconvenience and absurdity'

Front 36

What happened in Holwell v Hughes?

Back 36

Acceptance failed to arrive before deadline.

Front 37

What happened in Household Fire Insurance Co?

Back 37

Defendant brought shares. Letter of share allotment not received. Company went into liquidation. Letter counts because it was posted even though it didn't arrive.

Front 38

When does the postal rule not apply?

Back 38

If this would result in 'manifest inconvenience and absurdity'

Front 39

What happened in Holwell v Hughes?

Back 39

Acceptance failed to arrive before deadline.

Front 40

What happened in Henthorn v Fraser?

Back 40

Only applied where it is reasonable for the offeree to use the post as a means of communication.

Front 41

Which words oust the postal rule?

Back 41

'Notice in writing to' or 'let me know'

Front 42

Which words oust the postal rule?

Back 42

'Notice in writing to' or 'let me know'

Front 43

What happened in Manchester Diocesan Council for Re-education?

Back 43

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 44

Which words oust the postal rule?

Back 44

'Notice in writing to' or 'let me know'

Front 45

What happened in Manchester Diocesan Council for Re-education?

Back 45

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 46

What happened in Williams v Carwardine?

Back 46

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 47

Which words oust the postal rule?

Back 47

'Notice in writing to' or 'let me know'

Front 48

What happened in Manchester Diocesan Council for Re-education?

Back 48

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 49

What happened in Williams v Carwardine?

Back 49

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 50

What is a conditional acceptance?

Back 50

Neither an acceptance or a counter offer. A promise to enter into a contract if certain conditions are fulfilled.

Front 51

Which words oust the postal rule?

Back 51

'Notice in writing to' or 'let me know'

Front 52

What happened in Manchester Diocesan Council for Re-education?

Back 52

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 53

What happened in Williams v Carwardine?

Back 53

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 54

What is a conditional acceptance?

Back 54

Neither an acceptance or a counter offer. A promise to enter into a contract if certain conditions are fulfilled.

Front 55

What happened in Stevenson v McLean?

Back 55

Mere request for information not a counter offer.

Front 56

Which words oust the postal rule?

Back 56

'Notice in writing to' or 'let me know'

Front 57

What happened in Manchester Diocesan Council for Re-education?

Back 57

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 58

What happened in Williams v Carwardine?

Back 58

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 59

What is a conditional acceptance?

Back 59

Neither an acceptance or a counter offer. A promise to enter into a contract if certain conditions are fulfilled.

Front 60

What happened in Stevenson v McLean?

Back 60

Mere request for information not a counter offer.

Front 61

What happened in Butler Machine Tool Co?

Back 61

Sellers conditions prevail where the conditions conflict.

Front 62

Which words oust the postal rule?

Back 62

'Notice in writing to' or 'let me know'

Front 63

What happened in Manchester Diocesan Council for Re-education?

Back 63

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 64

What happened in Williams v Carwardine?

Back 64

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 65

What is a conditional acceptance?

Back 65

Neither an acceptance or a counter offer. A promise to enter into a contract if certain conditions are fulfilled.

Front 66

What happened in Stevenson v McLean?

Back 66

Mere request for information not a counter offer.

Front 67

What happened in Butler Machine Tool Co?

Back 67

Sellers conditions prevail where the conditions conflict.

Front 68

What happened in Trentham Ltd?

Back 68

Reasonable expectations of sensible businessman.

Front 69

Which words oust the postal rule?

Back 69

'Notice in writing to' or 'let me know'

Front 70

What happened in Payne v Cave?

Back 70

Possible to revoke any offer before acceptance.

Front 71

What happened in Financings Ltd?

Back 71

Offer to sell car as long as it stayed in a specific condition.

Front 72

What happened in Hyde v Wrench?

Back 72

Defendant offered to sell his farm for £1000. Plaintiff offered £950 but two days later agreed to the £1000. Counter offer amounts to rejection.

Front 73

What happened in Daulia?

Back 73

Require full performance of unilateral contract before revocation.

Front 74

What happens to a unilateral contract after death?

Back 74

Still stands if applicable (Errington)

Front 75

What does the Doctrine of estoppel do?

Back 75

Prevents one Perry from withdrawing a promise made to other if latter has reasonably relied upon that promise.

Front 76

What happened in Manchester Diocesan Council for Re-education?

Back 76

Offeror can request a method of acceptance and void the contract if not notified in this way.

Front 77

What happened in Williams v Carwardine?

Back 77

Defendant offered reward to any person giving information leading to the discovery of a murderer.

Front 78

What is a conditional acceptance?

Back 78

Neither an acceptance or a counter offer. A promise to enter into a contract if certain conditions are fulfilled.

Front 79

What happened in Stevenson v McLean?

Back 79

Mere request for information not a counter offer.

Front 80

What happened in Butler Machine Tool Co?

Back 80

Sellers conditions prevail where the conditions conflict.

Front 81

What happened in Trentham Ltd?

Back 81

Reasonable expectations of sensible businessman.

Front 82

Must the offeree know of the offer before they perform the requested act? (Unilateral contract)

Back 82

Yes. There is no acceptance where there was no knowledge of the offer. (Williams)

Front 83

There can't be assent without knowledge of this offer, and...

Back 83

Ignorance of the offer is the same thing whether it is due to never hearing it or forgetting it after hearing.

Front 84

Acceptance must be...

Back 84

In response to an offer.