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18 Cards in this Set

  • Front
  • Back

Smith v Hughes

Look at the actions of the parties to objectively access whether a contract has been concluded

Flexible Systems v Molkerei

Do not be concerned with the subjective state of mind of the parties but what was communicated through his acitons

Gibson v Manchester City Council

Letter was in invitation to treat because 'may' and the invitation to 'make a formal application' did not satisfy the offer&acceptance model


The parties had not reached sufficiently certain terms

Fisher v Bell

Goods on display in a shop is an invitation to treat not an offer of sale

Pharmaceutical Society v Boots

Evidence that goods on a shelf cannot be an offer of sale but only an invitation to treat; the sales assistant can accept an offer by the purchaser as the till. (required to comply with Pharmacy & Poison Act 1933)

Partridge v Crittendon

An advert (e.g. in a newspaper) is not an offer but merely an invitation to treat

Carlill v Carbolic Smoke Ball

Exception to the rule that an advert is only an invitation to treat because this was considered an offer to the whole world.


-Offeror placed money in a bank account which suggested an intention to be bound

British Car Auction v Wright

An auction is an invitation to treat; the auctioneer can accept an offer in the form of a bid and the agreement is formed by the striking down of the hammer

Thoreson Car Ferries v Weymouth Ferries

Objectively look at the action of the parties to see if they have accepted the offer; not interested at their true intention

Entores v Miles Far East Corp

Acceptance of the offer must be delivered directly to the offeror


(analogy of aircraft drowning out acceptance and rendering it incomplete)

Felthouse v Bindley

Silence does not generally amount to acceptance because it is unfair to require a party to take positive steps to avoid unwanted contractual obligations

Dickinson v Dodds

An offer can be terminated by revoking it up until the point that the offeree has accepted it

Quenerduaine v Cole

An offer can be terminated through a lapse of time; this is dependent on the subject matter and communication methods of the agreement

Hyde v Wrench

A counter-offer destroys the original offer

Stevenson v McLean

Correspondence can be an inquiry into the terms of the contract and is not always a counter-offer

Tamplin v James

Mistake as to the facts of the agreement does not give rise to a remedy provided the terms were objectively clear

Gibbons v Proctor

Policeman was eligible for the reward because it was a unilateral contract and he provided consideration by providing the information; it did not matter that he was not aware of the offer

Hartog v Colin Shields

A reaosnable person in the position of the claimant would have known the offer did not reflect the true intention of the offeror therefore he cannot enforce the agreement