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;
40 Cards in this Set
- Front
- Back
|
What is an offer? |
An expression of willingness to be bound on specified terms without further negotiation. |
|
|
What’s an invitation to treat? |
An invitation to make offers? |
|
|
Offered must have intention to be bound? |
Harvey v Facey 1893 |
|
|
Other case for offered must have intention to be bound |
Carlill v carbolic smokeball co 1893 |
|
|
What’s a bilateral agreement |
Promise in exchange for a promise. |
|
|
What’s a bilateral agreement |
Promise in exchange for a promise. |
|
|
What’s a unilateral agreement? |
Consists of a promise in exchange for an act. |
|
|
What’s a bilateral agreement |
Promise in exchange for a promise. |
|
|
What’s a unilateral agreement? |
Consists of a promise in exchange for a promise. |
|
|
Generally speaking, are displays of goods in a shop window an offer or ITT? |
Invitation to treat, established in case fisher v Bell 1961 |
|
|
Displays of good in shop shelves are? |
ITT, established in case pharmaceutical society of Great Britain v boots cash chemist 1953 |
|
|
How do you distinguish an offer to an ITT? |
If he merely intended to begin or continue negotiations with the other party it is an invitation to treat. - Gibson v Manchester City Council 1979 |
|
|
Does the offer actually have to be communicated to the offeree in order to be effective? |
Yes, oferree can not accept an offer she does not know about and she must act in response to an offer. |
|
|
What is acceptance? |
Final and unqualified agreement to all the terms contained in the offer. |
|
|
What is acceptance? |
Final and unqualified agreement to all the terms contained in the offer. |
|
|
What are the 3 main rules of acceptance? |
1.) acceptance must be communicated to the offeree 2.) The terms of acceptance must exactly match the terms of the offer. 3.) The agreement must be certain. |
|
|
What is acceptance? |
Final and unqualified agreement to all the terms contained in the offer. |
|
|
What are the 3 main rules of acceptance? |
1.) acceptance must be communicated to the offeree 2.) The terms of acceptance must exactly match the terms of the offer. 3.) The agreement must be certain. |
|
|
Case for acceptance must be communicated to offeree? |
Entries v miles far eat 1955 |
|
|
What is acceptance? |
Final and unqualified agreement to all the terms contained in the offer. |
|
|
What are the 3 main rules of acceptance? |
1.) acceptance must be communicated to the offeree 2.) The terms of acceptance must exactly match the terms of the offer. 3.) The agreement must be certain. |
|
|
Case for acceptance must be communicated to offeree? |
Entries v miles far eat 1955 |
|
|
Does silence mount to acceptance? |
No, generally silence does not amount to acceptance. - felthouse v Brindley. |
|
|
What is acceptance? |
Final and unqualified agreement to all the terms contained in the offer. |
|
|
What are the 3 main rules of acceptance? |
1.) acceptance must be communicated to the offeree 2.) The terms of acceptance must exactly match the terms of the offer. 3.) The agreement must be certain. |
|
|
Case for acceptance must be communicated to offeree? |
Entries v miles far eat 1955 |
|
|
Does silence mount to acceptance? |
No, generally silence does not amount to acceptance. - felthouse v Brindley. |
|
|
Can acceptance be done through conduct? |
Yes, evident in broaden v metropolitan railway Co (1877) |
|
|
Case for battle of the forms& last shot rule. |
Butler machine Tooke Ex- Cell- O corporation (1979) 1 WLR 401 court of appeal. |
|
|
Case for battle of the forms& last shot rule. |
Butler machine Tooke Ex- Cell- O corporation (1979) 1 WLR 401 court of appeal. |
|
|
What is the postal rule? |
If a letter is addressed properly and stamped acceptance takes place once the letter is placed in the post box. |
|
|
Case for battle of the forms& last shot rule. |
Butler machine Tooke Ex- Cell- O corporation (1979) 1 WLR 401 court of appeal. |
|
|
What is the postal rule? |
If a letter is addressed properly and stamped acceptance takes place once the letter is placed in the post box. |
|
|
Is it relevant if the letter is lost in the post an never arrives? |
Yes, evident in the case Household fire and carriage accident insurance Co (Ltd) v Grant (1879) |
|
|
Is it stress free for parties to omit the postal rule? |
Yes, evident in Holwell securities v Hughes (1974) |
|
|
Do the terms of acceptance have to match the terms of the offer? |
Yes, if terms differ this will amount to a counter offer and no contract will exist. - Hyde v wrench (1840) |
|
|
Is a request for information rejection or counter offer? |
Neither, if a response is insufficiently specific or definite then it will not constitute A counter offer. -Stevenson, Jacques and Co v McLean (1880). |
|
|
An offer may be terminated by? |
1.) death of offeror or offeree. 2.) lapse of time; 3.) revocation 4.) counter offer. |
|
|
An offer may be terminated by? |
1.) death of offeror or offeree. 2.) lapse of time; 3.) revocation 4.) counter offer. |
|
|
Does an offer terminate after a certain amount of time. |
Yes an offer will terminate after a reasonable amount of time. What amounts to a reasonable lapse of time will depend on the circumstances. - ramsgate Victoria Hotel v Montefoire (1866) |
